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33  WIST  MAIN  STRUT 

WMSTH.N.Y.  USIO 

(716)  173-4303 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


□    Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


D 


D 


D 


D 


D 


Couverture  endommagte 


Covers  restored  and/or  laminated/ 
Couverture  restaur^  et/ou  pellicula 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  giographiques  en  couleur 


Coloured  init  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I     I   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
ReliA  avec  d'autres  documents 


Fyj    Tight  binding  may  cause  shadows  or  distortion 


along  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 

distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  M  filmies. 

Additional  comments:/ 
Commentaires  supplimentalras; 


Th 
to 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  iti  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiqute  ci-dessous. 


□   Coloured  pages/ 
Pages  de  couleur 

□   Pages  damaged/ 
Pages  endommagies 

□    Pages  restored  and/or  laminated/ 
Pages  restauries  et/ou  pelliculies 

I    ~y  PagA9  discoloured,  stained  or  foxed/ 
L^    Pages 


Th 
po 
of 
fill 


Or 
be 
th< 
•io 
oti 
fin 
sio 
or 


D 


Pages  d6color6es,  tachet^es  ou  piqu^es 

Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualiti  inigale  de  I'impression 

Includes  supplementary  materit 
Comprend  du  materiel  supplimentaire 

Only  edition  available/ 
Seule  Edition  disponibie 


I      I  Pages  detached/ 

r~l  Showthrough/ 

I      I  Quality  of  print  varies/ 

r~n  Includes  supplementary  material/ 

I     I  Only  edition  available/ 


Th 
8h( 

Tir 

wli 

Ml 

dif 
enl 
be] 
rigl 
req 
me 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellament 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  M  filmies  i  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  da  reduction  indiqu*  ci-dessous. 

10X  14X  18X  22X 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


'B 


32X 


tails 
du 

idifier 
une 
nage 


The  copy  fiimod  hora  has  been  roproduc«d  thanks 
to  tha  ganarosity  of: 

Douglas  Library 
Quaan's  Univarsity 

Tha  Imagas  appaaring  hara  ara  tha  bast  quality 
posslbia  consldaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  Icaaping  with  tha 
filming  contract  spacifications. 


Original  copias  in  printad  papar  covars  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illuatratad  impras- 
sion,  or  tha  bacic  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  iilustratad  impras- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  iilustratad  imprassion. 


Tha  last  racordad  frama  on  aach  microficha 
shall  contain  tha  symbol  -^  (moaning  "COIM- 
TINUED"),  or  tha  symbol  V  (maaning  "END"), 
whichavar  applias. 

IMaps,  platas,  charts,  ate,  may  ba  filmad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  as  many  framas  as 
raquirad.  Tha  following  diagrams  iliustrata  tha 
mathod: 


L'axamplaira  filmt  fut  raproduit  grica  k  la 
gtnArositA  da: 

Douglas  Library 
Quaan's  University 

Las  imagas  suivantas  ont  6ti  raproduitas  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattatA  da  l'axamplaira  film*,  at  an 
conformity  avac  las  conditions  du  contrat  da 
fiimaga. 

Las  axamplairaa  originaux  dont  la  couvartura  an 
papiar  ast  ImprimAa  sont  filmte  an  comman9ant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darnlAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'iilustration,  soit  par  la  sacond 
plat,  aaion  la  cas.  Toua  las  autras  axamplairas 
originaux  sont  filmte  an  comman9ant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'iilustration  at  an  tarminant  par 
la  darniAra  paga  qui  comporta  une  telle 
amprainta. 

Un  das  symboias  suivants  apparattra  sur  la 
darniAra  image  da  cheque  microfiche,  selon  le 
cas:  la  symbols  -^  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmte  A  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichA,  il  est  film6  A  partir 
da  I'angia  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  an  bas.  en  prenant  la  nombre 
d'imagas  nteessaire.  Les  diagrammes  suivants 
iilustrant  la  mAthoda. 


rata 

0 


telure. 
I  A 


J 


32X 


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s 

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llSTWSEMfaB 

,    -i,  ■  .,     -"■>  ■■■■'■»    t  ■ 

tJl^^D  OT'ATES  ANlj  GBBAT.BBrrAHijr  f 

»KOMTRB  ^       ■/ 

ietU^TlTE  TREdTT  0:B'  PMMCE, 


'f 


SIONBD  AT  PARIS,  1788  | 
to  THK 

TREATY  OP  PEACE, 

IIOMBB  AT  GHENT,  1814.         > 


moLVOINO  THB 


■*,. 


COirVENTION  BBTWBBN  MR.  KING  AND  tOftlS^ 

FVWKESBURT, 


AHD 


MONROE  AND  PIN&NEY'S  TREATY, 


KBJBOTBD  BY  MB.  JBFFERSOIT. 


BOSTOJ^t 

MmTED  AND  PUBLISHBD  BY  B.  O;  HOUSE, 

Congre8g-8tr9it» 

18i0. 


^,!.':- 


"¥:k 


Ml 


I 


U5y 


The  EDITH  and  LORNE  PIERCE 
COLLECTION  of  CANADI  ANA 


^eerCs  University  at  Kingston 


* 


•^t^^im,  .ii,a.in..» 


N 

.  .^ 


TREATIES. 


The  DEFINITITE  TREATY  between  Great  Bri- 
tain and  the  Thirteen  United  States  of  America. 


^4^ 


# 


Jn  the  t»JM  oJthB  Most  Holy  and  Undivided  TrinUy. 

IT  IwTing  pleMed  the  Dimie  Providence  to  dispose  the  hearts 
of  the  most  serene  and  most  potent  prinee  George  the  Third,  hj 
the  graee  of  God,  king  of  Great  Britain,  Fraiiee,  and  Ireland,  de- 
fender of  the  fiktth,  duke  of  Bruuwiek  and  Lanenburg,  areh 
treasurer  and  prinee  eleetor  of  the  I10I7  Roman  empire,  &e.  an^ 
of  the  United  States  of  America,  to  forget  all  past  mismidei 
standings  and  differences,  that  have  unhappily  interrupted  mL. 
goi^  eorrespoudenee  and  friendship  whieh  they  mutually  wish  to 
restore  v  iMid  to  establish  sueh  a  beneficial  and  satisfactory  inter- 
course between  the  two  countries,  upon  the  ground  of  reciprocal 
advantages  and  lautnal  convenience,  as  may  promote  and  secure 
to  both  peroetuai  peace  and  harmony--and  having  for  this  desi- 
rable end  ilread>  laid  the  foundation  of  peace  and  reeouciliation, 
by  the  provisjpnal  articles  signe4  at  Paris,  on  the  SOth  Novem- 
ber, 1784,  by  the  commissioners  empowered  on  each  part,  which 
articles  were  agreed  to  be  inserted  in,  and  to  constitute  the  trea- 
ty of  peace  proposed  to  be  concluded  between  the  crown  of  Great 
Britain  and  the  said  U.  States,  but  whieh  treaty  was  not  to  be  eon- 
eluded  until  terms  of  peace  should  be  agreed  upon  between  G.  Bri- 
tain and  France,  and  his  Britannic  mi^esty  should  be  ready  to 
conclude  sueh  treaty  accordingly — and  the  treatv  between  Great 
Britain  and  France  having  since  been  eoneluded,  his  Britannic 
liiajestv  and  the  United  States  of  America,  in  order  to  cari^  into 
full  e^ct  the  provisional  articles  above  mentioned,  according  to 
the  tenor  thereof,  having  constituted  and  appointed,  that  is  to  say, 
his  Britannic  majesty  on  his  part,  David  Hartley,  Eicu  member 
of  the  parliumeot  of  Great  Britain ;  and  the  said  Untied  Slatei 


nbf^iso 


^  D»JlmHve  Treati/. 

itn  their  part  John  Adams,  Esq.  late  a  eommissioncr  of  the  Uni- 
ted States  ef  Ameriea,  at  the  eoart  of  Versailles,  late  delegate  in 
Congress  from  the  state  of  MaaMtehusetts,  and  ehief  Instiee  of  the 
■aid  state,  and  minister  plenipotentianr  of  the  said  United  States, 
to  their  hieh  mightinesses  the  States  General  of  the  United  Neth- 
erlands $  Benjamin  Franklin,  Esq.  late  delegate  in  Congress,  from 
the  state  of  Pennsylvania,  president  of  the  eonventien  of  the  said 
state,  and  minister  plenipotentiary  from  the  U.  States  of  Amer- 
ica, at  the  eonrt  of  Versailles }  and  John  Jay,  Esq.  late  president 
of  Congress,  ehief  justice  of  the  state  odT  New-Tork,  and  minister 
plenipotentiary  from  the  said  United  States,  at  the  court  itf  Mad- 
rid^ito  be  the  plenipotentiaries  for  conelnding  and  signing  the 
present  definitire  treaty }  who  after  haring  reciprocally  commu- 
nicated their  respective  full  powers,  have  agreed  upon  and  con- 
firmed  the  following  articles.  ; 

Art.  I.  His  Britannic  miy**'7  acknowlcdses  the  said  U.  States, 
viz.  New-Hampshire,  Mas8aehusetts-bay,Rhode»Tsland  and  Frov- 
idence  plantations,  Connecticut,New-York,  New-Jersey,  Pcnnsyl- 
▼ania,  Delaware,  Mary  landjVirginia,  North-Carolina,  South-Car- 
olina, and  Georgia,  to  be  free,  sovereign,  and  independent  states  $ 
that  he  treats  with  them  as  such,  and  for  himself,  his  heirs  and 
jiuccessors,  relinquishes  all  claims  to  the  government,  propriety, 
and  territorial  rishts  of  the  same,  and  every  part  thereof. 

Art.  II.  And  that  all  disputes,  which  mixht  arise  in  future, 
on  the  subject  of  the  boundaries  of  the  said  United  States,  may  be 
prevented,  it  is  hereby  agrtted  and  declared,  that  the  followiog 
^♦re  and  shall  be  their  boundaries,  viz.  from  the  nordiwest  angle 
Bbf  Nova-Scotia,  viz.  that  angle  which  is  formed  by  a  line  drawn 
due  north  ft>om  the  source  of  St.  Croi][  river  to  the  highlands, 
along  the  said  highlands,  which  divide  those  rivers  that  empty 
themselves  into  the  river  St  Lawrence,  from  those  whieh  taU  in- 
to the  Atlantic  ocean,  to  the  northwestemmost  head  of  Connecti- 
cut river ;  thence  down  along  the  middle  of  that  river  to  the  for« 
ty  fifth  degree  of  north  latitude  j  from  thence  by  a  line  due  west 
on  said  latitude,  until  it  strikes  the  river  Iriquois  or  Cataraquy ; 
thence  along  the  middle  of  said  river  into  Lake  Ontario ;  through 
the  middle  of  said  lake  until  it  strikes  the  communication  by  wa- 
ter between  that  lake  and  Lake  Erie ;  thence  along  the  middle 
of  said  communication  into  Lake  Erie ;  through  the  middle  of 
said  lake  until  it  arrives  at  the  water  communication  between 
that  Uke  and  Lake  Huron ;  thence  along  the  middle  of  said  water 
eonlvunieation  into  Lake  Huron  $  thence  thro'  the  middle  of  said 
lake  to  the  water  communication  between  that  li^e  and  Lake  Su- , 
perior;  thence  through  Lake  Superior  northward  of  the  isles 
ftoval  and  and  Philipeaux  to  the  Long  Lake )  thence  through  the 
middle  of  said  Long  Lake  and  the  water  communication  between 
it  and  the  Li^e  of  the  Woods,  to  the  said  Lake  of  the  Woods, 
thence  throuf^h  th«  laid  lake  to  the  most  north-western  point 


i 


t1 

SI 


tr  of  the  Uni. 
fct«  delegate  in 
f  iostiee  of  the 
United  States, 
I  United  Neth- 
Dongreii,  from 
ion  of  the  taid 
Uet  of  Amer- 
late  president 
!)  and  ainister 
court  of  Mad" 
1  signing  the 
teally  eommu- 
upon  and  con- 
aid  U.  States, 
and  and  Frov* 
rsey,  Pennsyl- 
a,  South-Car- 
indent  states  ; 
hit  heirs  and 
Bt,  propriety, 
hereof. 

rise  in  future, 
States,  may  be 
he  following 
lowest  angle 
a  line  drawn 
highlands, 
that  empty 
hioh  liUl  in- 
of  Conneeti- 
r  to  the  for* 
ne  due  west 
!!!ataraquy ; 
through 
tion  by  wa- 
the  middle 
middle  of 
»n  between 
said  water 
Idle  of  said 
d  Lake  Su- , 
f  the  isles 
hrough  the 
m  between 
e  Woods, 
ern  point 


10 


A  . 


Ihfinitive  TrBatjf,  0 

thereof,  and  from  thenee  on  a  due  west  eourse  to  the  rirer  Missi- 
ssippi} thenee  by  a  line  to  be  drawn  along  the  middle  of  said  river 
Ifississippi  until  it  shall  intersect  the  northeminostpart  of  the 
thirty-first  degree  of  north  latitude.  Sonth,  by  a  line  to  be  drawn 
due  east  from  the  determination  of  the  line  last  mentioned  in  the 
latitude  of  thirty -Kine  degrees  north  of  the  equator,  t^  the  middle 
of  the  river  Apaktehieola,  or  Catahouehe ;  thenee  (Uong  the 
middle  thereof  to  its  junetion  with  the  Flint  river ;  thence 
•trait  to  the  head  of  St.  Mary's  river ;  and  thenee  down  along  the 
middle  of  St.  Mary's  river  to  the  Atlantic  ocean.  East  by  a  line 
to  be  drawn  along  the  middle  of  the  river  St.  Croix,  from  its 
mouth  in  the  bay  of  Fnndy,  to  its  sooree  $  and  from  its  source  di- 
rectly north  to  the  aforesaid  highlands,  which  divide  the  rivers 
that  fall  into  the  Atlantic  ocean,  from  thosft  which  fall  into  the 
river  St.  Lawrence,  comprehending  all  islands  within  twenty 
leagues  of  any  part  of  the  shores  of  the  United  States,  and  lying 
between  lines  te  be  drawn  due  east  from  the  points  where  the 
aforesaid  boundaries  between  Nova-Scotia  on  the  one  part,  and 
East-Florida  on  the  other,  shall  respectively  touch  the  bay  of 
Fundy,  and  the  Atlantic  ocean,  excepting  such  islands  as  now 
are,  or  heretofore  have  been  within  the  limits  of  the  said  prov- 
ince of  Nqva-Scotia. 

Art.  IU.  It  is  agreed,  that  the  people  of  the  United  S  tates 
fhall  continue  to  enjoy,  unmolested,  the  right  to  take  fish  of  everf 
kind  on  the  Grand  Bank,  and  on  all  the  other  banks  of  Newfound- 
land, also  in  the  Gulnh  at  St.  Lawrence,  and  all  other  places  in 
the  sea,  whore  the  inhabitants  of  both  countries  used  at  any  time 
heretofore  to  fish.  And  also,  that  the  inhabitants  of  the  United 
States  %hall  have  libertv  to  take  fish  of  every  kind  on  such  part 
of  the  coast  of  Newfounaland,  as  British  fishermen  shall  use  (but 
not  to  dry  or  cure  the  same  on  that  island)  and  also  on  the  coasts, 
bays  and  creeks  of  all  other  of  his  Britannic  majesty's  dominions 
in  America ;  and  that  the  American  fisherruon  shall  have  liberty 
to  dry  and  cure  fish  in  any  of  the  unsettle."!  liays,  harbors  and 
creeks  of  Nova  Seotia||  Magdalen  islands,  au<i  Labrador,  so  long 
as  the  same  shall  remun  unsettled ;  but  so  soon  as  the  same  or 
either  of  them  shall  be  settled,  it  shall  not  be  lawful  for  the  said 
fishermen  to  dry  .or  cure  fish  at  such  settlement,  without  a  previ- 
ous agreement  for  that  purpose,  with  the  inhabitants,  proprietors, 
or  possessors  of  the  ground.       v 

Art.  IV.  It  is  agreed,  that  eraditors  on  either  side,  shall  meet 
with  no  lawful  impediment  to  the  recovery  of  the  full  value,  in 
sterling  money,  of  all  bona  fide  debts  heretofore  contracted. 

Art.  v.  It  is  agreed,  that  the  Congress  shall  earnestly  re- 
commend it  to  the  legislatures  of  the  respective  states,  to  provide 
for  the  restitution  of  all  estates,  rights,  and  properties,  which  ^ 
have  been  confiscated,  belonging  to  real  British  subjects ;  and  al/ 
10  of  the  estates,  rights,  and  properties  of  persons  resident  in  dii|- 


$ 


i'- 


6  JDtfinitp^  Treati/. 

triett  ii  the  poMWfiM  wi  hit  m^Mtj't  vmn,  uid  who  hwn  pot 
borne  ohM  sj^Upn  the  laiil  U.  ititte ;  «ad  that  penoM  of  MMf 
other  aeterif^ioii,  shall  have  Ave  liberty  to  |;o!,t0  any  pf  rt  or  parts 
of  anr  of  the  tiif^teen  United  States,  ana  therein  to  remain  twelve 
nooths  nnmolestefl  in  their  endeavors  to  obtain  the  restitnti«ln  of 
saeh  of  their  estates,  nghtl,  and  properties,  as  may  have  been 
eonfisealed^  and  that  Congress  shall  also  earnest^  reeommend 
to. the  sevem  states,  a  re-ebnsideration  and  revision  of  all  aeta 
or  laws  refpirding  the  premises,  so  as  to  render  the  said  laws  or 
aets^porfeetl^  (Bonsislent,  not  only  with  Jtastiee  and  eoaity,  bnt 
with  that  spirit  of  eoneiliation,  whieh,  on  the  retnm  of  theUes^- 
sings  of  peaee,  should  nniverMlly  prevail }  and  that  Congress 
shall  also  earnestly  reeommend  to  the  several  states,  that  the  es- 
tates, rights,  and  properties  of  soeh  last  mentioned  persons  shall 
be  restored  to  them,  they  refnnding  to  any  persons  who  may  bfi 
now  in  possession,  the  bona  ftde  priee  (where  any  has  been  given) 
whieh  raeh  persons  may  have  paid,  on  parehasing  any  of  the  sMd 
lands,  rights  or  properties  sinee  the  eonfiseation.  And  it  is  a«i 
ereed  that  all  persons,  who  have  any  interest  in  eonfiseated 
lands,  either  by  debts,  marriage  settlements,  or  otherwise,  shall 
meet  with  no  lawfinl  impediment  in  the  proseentioii  of  their  jast 
rights. 

Art.  VI.  That  there  shall  be  no  future  eonfiseations  mad^, 
nor  any  proseentions  eommeneed  against  any  person  or  persons 
for,  or  by  reason  of  the  part  whieh  be  or  they  may  have  talcen  in 
the  present  war }  and  that  no  persons  shall,  on  that  aeeonnt  sniRsr 
any  future  loss  or  damage,  either  in  his  person,  liberty,  ear  prop- 
erty ;  and  that  those,  who  may  be  in  eonfinement  on  sueh  eharges, 
at  the  lime  of  the  ratification  of  the  treaty  in  Ameriea,  shall  be 
imniediately  set  at  liberty,  and  the  proseeotion  so  eommeneed,  bo 
fliseontinned. 

Art.  VII.  There  shall  be  a  firm  and  perpetual  peaee  be- 
tween his  Britannie  majesty  and  the  said  states,  and  between  the 
subjeets  of  the  one,  and  the  eitizens  of  the  other ;  wherefore,  all 
hostilities,  both  by  sea  and  land,  shall  from  heueefbrth  eease  $  all 
prisoners,  on  both  sides,  shrill  be  set  at  liberty ;  and  his  Britan- 
nie majesty  shall,  with  all  eonvenient speed,  and  without  eausing 
any  destruetion,  or  earrying  away  any  negroes,  or  other  property 
of  the  Ameriean  inhabitants,  withdraw  all  his  armies,  garri- 
sons, and  fleets  from  the  United  States*  and  from  every  post, 
plaee,  and  harbor  within  the  same,  leaving  in  all  fortifieations 
^tbe  Ameriean  artillery  that  may  be  therein  ;  and  shall  also  order 
and  cause  all  archives,  records,  deeds,  and  papers  belonging  to 
any  of  the  said  states,  or  their  eitis^ens,  which  in  the  course  of  the 
war  mav  have  fallen  into  the  hands  of  hit  olheers,  to  be  forthwith 
restored,  and  delivered  to  the  proper  stutes  and  persons  to  whoori 
they  belong. 


fii^nHite  Treaty.     •  •    7 

i 

AmT.  VnL.  Tii«  naTigatiM  i»f  the  rirer  MusinippW^flraai  it* 
•daree  to  tltf  MiftB»  i^mII  Ibrever  reteain  firee  and  open  to  the  sub- 
jeets  ff  Oreat-BritaiB,  and  the  eitixeat  of  the  United  States. 

,  Aaf.  tX.  Jm  «aM  ll  shooldgMi  it«ppen,  thlt  any jplaee  or  terri- 
torj  belonging  la/6r«at  Briiiin^  n  the  United  Statei,  thoald 
h»>Te  been  Soiiqaerid  bv  tlie  arms  of  either  Arom  the  other,  before 
tie  trriial  of  the  jMid  nroTiiioBal  artielci  in  Amorieay  it  ii  a- 
greed  tfiat  the  iaaie.ehaU  1m  restored  withont  diflealty,  and  with- 
•it  f»f ntriagany  eontpentttiop. 

Abt.  X.  The  solemn  ratiieitions  of  the  present  treaty,  eip^- 
4tied  in  good  die  form,  shall  be  exohangod  between  the  eontintet- 
Ing  pttMieo  in  the  spaec  of  six  aumths,  et  sooner  if  possible,  to  be 
eoMpifted  fron  the  da^  of  the  signatnre  of  the  present  trcatj.  In 
witness  whereof,  we  tke  nndersignied,  their  mimsters  plenipoten- 
tiary, hare  in  their  name,  and  in  virtad  of  oar  fhll  powers,  sign- 
ed  with  our  hands,  the  present  definitive  treaty,  and  eansed  the 
seals  of  ear  arms  to  be  fSxed  thereto. 

Done  at  Piris,  this  third  day  vi  September,  one  thonsand 
sey6ik  liupdred  and  ei^ty  three. 


BATID  HARTLEY. 
lOHN  ADAMS. 
B.  FRANKLIN. 
JOHN  JAY. 


(L.  8.) 
(L.  S.) 
(L.  8.) 
(L.  8.) 


'M 


JAYS  TREATY. 


'  ■ 


TA£ATY  of  Amity,  Gommeree,  and  Nay^tioD,  be« 
tween  his  Britannic  Mi^iesty  and  the  United  States 
of  America,  conditionally  ratified  by  the  Senate  of 
the  United  States,  at  Philadelphia,  June  24,  1799« 


HIS  Britannie  Maj«sty  f&d  the  United  Statei  of  America,  he* 
ing  detiroui,  by  a  Treaty  m  Amity,  Commerce  and  Navigation, 
to  terminate  their  differenees  in  sneh  a  manner,  at,  without  refer- 
enee  to  the  merits  of  their  respective  complaints  and  pretensions, 
mvv  be  the  best  calculated  to  produce  mutual  satisfaction  and  good 
understanding :  and  also  to  regulate  the  Commerce  and  Naviga-^ 
tion  between  their  respective  countries,  territories  and  people,  in 
such  a  manner  as  to  render  the  same  reciprocally  beneficial  and 
satisfactory ;  they  have,  respectively,  named  their  Plenipotentia-* 
ries,  and  given  them  full  power  to  treat  of,  and  conclude,  the  said 
Treaty,  that  is  to  say :  his  Britannic  Maiesty  has  named  for  his 
Plenipotentiary,  the  Right  Honorable  William  Windham,  Baron 
Grenville,  of  YTotton,  one  of  his  Majesty's  Privy  Council,  and  his 
Miyesty's  Principal  Secretary  of  State  for  Foreign  Affairs  j  and 
the  President  of  the  said  United  States,  by  and  with  the  advice 
and  consent  of  the  Senate  thereof,  hath  appointed  for  their  Pleni- 
potentiary, the  Honorable  John  Jay,  Chief  Justice  of  the  said 
United  States,  and  their  Envov  Extraordinary  to  his  Majesty, 
who  have  agreed  on  and  concluded  the  following  articles : 

Art.  I.  There  shall  be  a  firm,  inviolable,  and  universal  peaee, 
and  a  true  and  sincere  friendship  between  his  Britannic  Majesty, 
his  heirs  and  successors,  and  the  United  States  of  America;  and 
between  their  respective  countries,  territories,  cities^  towns,  and 
people  of  ever^  degree,  without  exception  of  persons  or  places. 

Art.  II.  His  Majesty  will  withdraw  all  his  troops  and  garri- 
sons from  all  posts  and  places  within  the  boundary  lines  assigned 
by  the  Treaty  of  Peace  to  the  United  States.  This  evacuation 
■hall  take  place  on  or  before  the  first  day  of  June,  one  thousand 
seven  hundred  and  ninety-six^  and  all  the  proper  measures  shall, 
in  the  interval,  be  taken  by  concert  between  the  government  of 
the  Unked  States,  and  his  Majesty's  Governor  General  in  ximeri- 
ea,  for  settling  the  previous  arrangements,  which  may  be  necessa- 
ry respecting  the  delivery  of  the  said  posts :  The  United  States, 

..*■_.„        ;# 


in  the 
any  pa 
Or  juri 
within 
to  enjo 
be  prot 
or  to  n 
be  free 
the  pro 
eontinu 
pelled 
of  alleg 
liberty 
elare  tl 
said.— ^ 
tion  of 
remain! 
as  havi 
Art, 
'j  Majest; 
■)  also  to 
^line,  fr< 
:the  res( 
coutinei 
son's  ba 
rivers  a 
tnerce 
wdoes  nol 
into  the 
territori 
territori 
:;  of  entry 
:  tween  a 
.  establis 
uor  to  tl 
of the U 
t  from  th 
'I  to  the  1 
is  furth 
to  whie 
•  to,  and 
Atlanti 
.  or  plac( 
t     Allg 
^  ty's  »ai( 
may  fre 
^  in  the  n 
-  such  gQ 


•t 


tioQ,  be* 
)  States 
enate  of 


leriea,  he* 
ivigation, 
loiit  refer- 
etensioDSy 
I  and  good 
I  Naviga-A 
leople,  in 
fieial  and 
ipotentia-* 
if  the  said 
id  for  his 
nS)  Baron 
il)  and  his 
tirsj  and 
le  adviee 
eir  Pleni- 
the  said 
Majesty, 
s: 

al  peaeey 
Majesty, 
riea  $  and 
wns,  and 
places, 
id  ^rri- 
assigned 
racuation 
thousand 
'es  shall, 
ament  of 
B  Ameri- 
necessa- 
1  States, 


Jaf8  treaty,  » 

in  the  mean  time,  at  their  discretion,  extending  their  settlements  to 
any  part  within  the  said  boundary  line,exeept  within  the  preeineta 
Or  jurisdiction  of  any  of  the  said  posts.    All  setUers  and  tradera 
Mrithin  the  preeinets  or  jurisdiction  of  the  said  posts,  shall  continue 
to  enjoy  unmolested,  all  their  pr6perty  of  every  kind,  and  shall 
be  protected  therein.  They  shall  be  at  full  liberty  to  remain  there^ 
or  to  remove  with  all  or  any  part  of  their  effects ;  and  it  shall  also 
be  free  to  them  to  sell  their  lands,  houses,  or  effects,  or  to  retain 
1  the  property  thereof,  at  (heir  discretion ;  such  of  them  as  shall 
I  continue  to  reside  within  the  said  boundary  lines,  shall  not  he  com- 
"  pelled  to  become  citi^ei^s  of  the  United  States,  or  to  take  any  oath 
of  allegiance  to  the  government  thereof;  but  they  shall  be  at  taU 
liberty  so  to  do  if  they  think  proper  j  and  they  shall  make  and  de- 
clare their  election  within  one  year  alter  the  evacuation  afore- 
I  said.— ^And  all  persons  who  shall  continue  there  after  the  expira-* 
'  tion  of  the  said  year,  without  having  declared  their  intention  of 
)  remaining  subjects  of  his  Britannic  Majesty,  shall  be  considered 
,^  as  having  elected  to  become  citizens  of  the  United  States. 
I      Art.  III.  It  is  agreed,  that  it  shall)  at  all  times,  be  free  to  hii 
',  Majesty's  subjects,  and  to  the  citizens  of  the  United  States,  and 
also  to  the  Indians  dwelling  on  either  side  of  the  said  boundary 
^  line,  freely  to  pass  and  repass  by  land  or  inland  navigation,  into 
:  the  respective  territories  and  countries  of  the  two  parties  on  the 
continent  of  America  (the  country  within  the  limits  of  the  Hud- 
son's bay  company  only  excepted)  and  to  navigate  all  the  lakes, 
rivers  and  waters  thereof,  and  freely  to  carry  on  trade  and  eom^^ 
tnerce  with  each  other.    But  it  is  understood ^  that  this  article 
^f^does  not  extend  to  the  admission  of  vessels  of  the  United  States 
into  the  seaports,  harbors,  bays,  or  creeks  of  his  Majesty's  said 
territories ;  nor  into  such  parts  of  the  rivers  in  his  Majesty's  said 
territories  as  are  between  the  mouth  thereof,  and  the  highest  port 
of  entry  from  the  sea,  except  in  small  vessels  trading  bonafidehe* 
:  tween  Montreal  and  Quebec,  under  such  regulations  as  shall  be 
;:  established  to  prevent  the  possilMlity  of  any  frauds  in  this  respect; 
/  nor  to  the  admission  of  British  vessels  from  the  sea  into  the  rivers 
;  of  theU.States,beyond  the  highest  ports  of  entry  for  foreign  vessels 
I  from  the  sea.    The  river  Mississippi  shall  however,  a4|ordinff 
;,  to  the  Treaty  of  Peace,  be  entirely  open  to  both  parties  ;«and  u 
•  is  further  agreed,  that  all  the  ports  and  places  on  its  eastern  side« 
:  to  whichsoever  of  the  parties  belonging,  may  freely  be  resorted 
:  to,  and  used  by  both  parties,  in  as  ample  a  manner  as  any  of  the 
Atlantic  ports  or  places  of  the  United  States,  or  any  of  the  porta 
j  or  places  of  his  Majesty  in  Great  Britain. 

%  All  goods  and  merchandize,  whose  importation  into  his  Majes* 
•^  ty's  said  territoifcs  in  America  shall  not  be  entirely  prohibited, 
4  may  freely,  for  the  purposes  of  commerce,  be  carried  into  the  same 
t  in  the  manner  aforesaid,  by  the  citizens  of  the  United  States,  and 
'  such  goods  and  merchandize  shall  be  subject  to  no  higher  or  other 

3 


10 


Jay*8  Treati/, 


^^  '*■ 


duties,  Iban  would  be  pa3rable  b;|^  his  Majesty's  subjects  on  the 
importation  of  the  same  from  Europe  into  the  said  territories—* 
And  in  like  manner,  all  goods  and  merchandize,  whose  importa- 
tion into  the  United  States  shall  not  be  wholly  prohibited,  may 
freely  for  the  purposes  of  commerce,  be  carcied  into  tlie  same,  in 
the  manner  afo7'-.->^id,  by  his  Majesty's  subjects,  and  such  goods 
and  merchandize  shall  be  subject  to  no  higher  or  other  duties, 
than  would  be  payable  by  the  citizens  of  the  United  States  on  the 
importation  of  the  same  in  American  Tesseh  into  the  Atlantic 
ports  of  the  said  States.  And  ali  goods  not  prohibited  to  be  ex- 
ported from  the  said  territories  respectively,  may,  in  like  man- 
ner, be  carried  out  of  the  same  by  the  two  parties  respectively ,( 
paying  duties  as  aforesaid. 

No  duty  of  entry  shall  ever  be  levied  by  either  party  on  peltrie* 
brought  by  land,  or  inland  navigation,  into  the  said  territories  re- 
spectively ;  nor  shall  the  Indians  passing  or  repassing  with  their 
own  proper  goods  and  eft'ects,  of  whatever  nature,  pay  for  the 
same  any  impost  or  duty  whatever.  But  goods  in  bales,  or  other 
large  packages,  unusual  among  Indians,  shall  not  be  considered 
as  goods  belonging  bona  fide  to  Indians. 

No  higher  or  other  tolls  or  rates  of  ferriage  than  what  are  or 
shall  be  payable  by  natives,  shall  be  demanded  on  either  side ; 
and  no  duties  shall  be  payable  on  any  goods  which  shall  be  mere- 
ly carried  over  any  of  the  portages  or  carrying  places  on  either 
side,  for  the  purpose  of  being  immediately  reimbarked  and  carried 
to  Hume  other  place  or  places.  But  as  by  this  stipulaiion  it  is  only 
meant  to  secure  to  each  party  a  free  passage  across  the  portages 
on  both  sides ;  it  is  agreed,  that  this  exemption  from  duty  shall 
extend  only  to  such  goods  as  are  carried  in  the  usual  and  direct 
road  across  the  portage,  and  are  not  attempted  to  be  in  any  man- 
ner sold  or  exchanged  during  their  passage  across  the  same;  and 
proper  regulations  may  be  established  to  prevent  the  possibility 
of  any  frauds  in  this  respect. 

As  this  article  is  intended  to  render  in  a  great  degree  the  local 
advantages  of  each  party  common  to  both,  and  thereby  to  pro- 
mote adispcsition  favorable  to  friendship  and  good  neighborhood, 
it  is  agreed,  that  the  respective  governments  will  mutually  pro- 
mote tiiis  amicable  intercourse,  by  causing  speedy  and  impartial 
justice  to  be  done,  and  necessary  protection  to  be  extended  to  all 
who  may  be  concerned  therein. 

Art.  IV.  Whereas  it  is  uncertain  whether  the  river  Missis- 
sippi extends  so  far  to  (he  northward  as  to  be  iutersected  by  a  line 
to  be  drawn  due  west  from  the  Lake  of  the  Woods,  in  the  manner 
mentioned  in  the  Treaty  of  Peace  between  his^lajesty  and  the 
United  States  ;  it  is  agreed,  that  measures  shall  be  taken  in  con- 
cert betweon  his  Majesty's  government  inAmerica  and  the  govern- 
ment of  the  United  States,  fur  making  a  joint  survey  of  tne  said 
river  from  one  degree  of  latitude  below  the  fallsof  St.  Anthony 


the  sai 

in  conl 

Art 

intendf 

said  Ti 

describ 

Commi 

One 

the  Pre 

consent 

shall  a^ 

they  sh 

posed, ( 

.*^  nal  Coii 

shall  be 

:,  tion,  ac 

them  on 

■  The  sai 

power  t( 

tit.  The 

iSuch  Su 

iThe  sai 

and  seal 

*  Treaty. 

said  riv( 

^  its  mout 

.  of  the  st 

.  eeedings 

and  to  tl 

appoint! 

respecti^ 

decision 

thereaft( 

or  diflfen 

Art. 

and  othe 

>  amount, 

^  remain  o 

'^  and  that 

•'  peace,  n 

«'d,  but  a 

instance; 


Jay^s  Treaty^ 


11 


[eetson  the 
erritories— f 
le  importa* 
ibited,  may 
he  same,  in 
sueh  goodi 
ther  duties, 
itates  on  the 
le  Ailantic 
ed  to  b«  ex- 
I  like  man- 
espectivelyit 

J  on  peltriec 
rritories  re- 
§  with  their 
pay  for  the 
les,  or  other 
considered 

what  are  or 
either  Ride ; 
ill  be  mere- 
es  on  either 
and  carried 
on  it  is  only 
he  portages 
I  duty  shall 
and  direct 
in  any  man- 
same;  and 
possibility 

!e  the  local 
eby  to  pro- 
ghborhood, 
tually  pro- 
d  impartial 
nded  to  all 

ver  Missis- 
ed  by  a  line 
the  manner 
sty  and  the 
ken  in  con- 
the  govern- 
of  tne  said 
t.  Anthon? 


to  the  prineipal  souree  or  sources  of  the  said  river, /tnd  also  of  the 
parts  ftiHaeent  thereto ;  and  that  if  on  the  result  of  sueh  survey. 
It  shoold  appear  that  the  said  river  would  not  be  intersected  by 
«uch  a  line  as  is  above-mentioned,  the  two  parties  will  ^hereupon 
praeeed  by  amicable  negoeiation,  to  regulate  the  boundary  line 
in  that  quarter,  as  well  a^ll  other  points  to  be  adjusted  between 
the  said  parties,  according  to  justice  and  mutual  convenieuce,*and 
in  confromity  to  the  intent  of  the  said  Treaty. 

Art.  v.  Whereas  doubts  have  arisen  what  river  was  truly 
intended  under  the  name  of  the  river  St.  Croix,  mentioned  in  the 
said  Treaty  of  Peace,  and  forming  a  part  of  the  boundary  therein 
described ;  that  question  shall  be  referred  to  the  final  decision  of 
Commissioners  to  be  appointed  in  the  following  manner,  viz. 

One  Commissioner  shall  be  named  by  his  Majesty,  and  one  by 

the  President  of  the  Uuited  States,  by  and  with  the  adviie  and 

'I  consent  of  the  Senate  thereof,  and   the  said  two  Commissioner!^ 

^:,   shall  agree  on  the  choice  of   a  third  $  or  if  they  cannot  so  agree, 

they  shall  each  propose  one  person,  and  of  the  two  names  so  pro- 

^    posed,  one  shall  be  drawn  by  lot  in  the  presence  of  the  two  origi- 

i  nal  Commissioners.     And  the  three  Commissioners  so  appointed, 

%  shall  be  sworn,  impartially  to  examine  and  decide  the  said  ques- 

'l  tion,  according  to  such  eviaenee  as  shall  respectively  be  laid  before 

them  on  the  part  of  the  British  government  and  of  the  U.  States. 

•  The  said  Commissioners  shall  meet  at  Halifax,  and  shall  have 

power  to  adjoirrn  to  such  other  place  or  places  as  they  shall  think 

yfit.  They  shall  have  power  to  appoint  a  Secretary,  and  to  employ 

isuch  Surveyors  or  other  persons  as  they  shall  judge  necessary.-— 

piThe  said  Commissioners  shall,  by  a  declaration  under  their  hands 

^  and  seals,  decide  what  river  is  the  river  St.  Croix  intended  by  the 

Treaty.     The  said  declaration  shall  contain  a  description  of  the 

said  river,  and  sjiall  particularize  the  latitude  and  longitude  of 

its  mouth  and  of  its  souree.     Duplicates  of  this  declaration  and 

of  the  statements  of  their  accounts,  and  of  the  journal  of  their  pro- 

:  eeedings,  shall  be  delivered  by  them  to  the  agent  of  his  Majesty, 

and  to  the  agent  of  the  United  States,  who  may  be  respectively 

^,  appointed  and  authorised  to  manage  the  business  on  behalf  of  tIts 

;  respective  governments.     And  both  parties  agree  to  consider  such 

.  decision  as  final  and  conclusive,  so  as  that  tlie  same  shall  never 

■"<  thereafter  be  called  into  question,  or  made  the  subject  of  dispute 

or  difterenee  between  them. 

Art.  YI.  Whereas  it  is  allcdged  by  divers  British  merchants 
and  others  his  Majesty's  subjects,  that  debts  to  a  considerable 
>  amount,  which  were  bona  Jide  contracted  before  the  peace,  still 
.  remain  owing  to  them  by  citizens  or  inhabitants  of  the  U.  States; 
■y  and  that  by  the  operation  of  various  lawful  impediments  since  the 
'  peace,  not  only  the  full  recovery  of  the  said  debts  has  been  delay- 
^  ed,  but  also  the  value  and  security  thereof  have  been,  in  several 
iustaitccs,  impaired  and  lessened,  so  that  by  the  ordinary  course 


i% 


Jfdf8  Treaty, 


of  iadieial  pfoeeedinss,  the  Brituh  creditors  eannot  now  obtain, 
and  iietaally  have  and  receive  fall  and  adequate  compensMion  for 
the  lofsei  and  damages  which  they  have  thereby  sustained.  It  is 
agreed,  that  in  all  snch  eases,  where  full  eomftensation  for  such 
losses  and  damages  cannot,  for  whatever  teasoii,  be  actually  ob- 
tained, had  and  received  by  the  said  creditors  in  the  ordinary 
course  of  justice,  the  United  States  will  make  full  and  complete 
compensation  for  the  same  to  the  said  creditors ;  but  it  is  distinctly 
understood,  that  this  provision  is  to  extend  to  such  losses  only  as 
have  been  occasioned  by  the  lawful  impediments  aforesaid,  and 
is  not  to  extend  to  losses  occasioned  by  such  insolvency  of  the 
debtors,  or  other  eanses  as  would  equally  have  operated  to  produco 
•uch  loss,  if  the  said  impediments  had  not  existed ;  nor  to  such 
losses  or  damages  as  have  been  occasioned  by  the  manifest  delay 
fir  negligence,  or  wilful  omission  of  the  claimant. 

«For  the  purpose  of  ascertaining  the  amount  of  any  such  losses 
and  damages,  five  Coqimissioners  shall  be  appointed,  and  author- 
ised to  meet  a^d  act  in  manner  following,  vis.  two  of  them  shall 
he  appointed  by  his  Majesty,  two  of  them  by  the  President  of  the 
fTnited  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  the  fifth  by  the  unanimous  voice  o^  the  other  four  $ 
and  if  they  should  not  agree  in  such  choice,  then  the  Commis- 
sioners named  bv  the  two  parlies  shall  respectivelv  propose  one 
I»erson,  and  of  the  two  names  so  proposed,  one  shall  be  drawn  by 
ot,  in  the  presence  of  the  four  original  Coromissbners.  When 
the  five  Commissioners  thus  appointed  shall  first  meet,  they  shall, 
before  they  proceed  to  act,  respectively  take  the  fbllowing  oath 
or  affirmation,  in  the  presence  of  each  other,  which  oath  or  af- 
Urmation,  being  so  taken  and  duly  attested,  shall  be  entered  on  the 
record  of  their  proceedings,  viz.  **  I,  A.  B.  one  of  the  Commis- 
sioners  appointed  in  pursuance  of  the  sixth  article  of  the  Treaty 
of  Amity,  Commerce,  and  Navigation,  between  his  Britannic 
Majesty  and  the  United  States  of  America,  do  solemnly  swear  (or 
aflirm,)  that  I  will  honestly,  diligently,  impartially,  and  carefully 
examine,  and  to  the  best  of  my  judgminS  according  to  justice  and 
equity, decide  all  such  complaints,  as,  under  the  said  article,  shall 
he  preferred  to  the  said  Commissioners  :  and  that  1  will  forbear 
to  act  as  a  Commissioner,  in  any  case  in  which  1  may  be  person- 
ally interested.'* 

Three  of  the  said  Commissioners  shall  constitute  a  board,  and 
shall  have  power  to  do  any  act  appertain!  ;;  to  the  said  commis- 
sion, provided  that  one  of  the  Commission!  >  named  on  each  side, 
and  the  fifth  Commissioner,  shall  be  present,  and  all  decisions 
shall  be  made  by  the  minority  of  the  voices  of  the  Commissioners 
then  present.  Eighteen  months  from  the  day  on  which  the  said 
Commissioners  shall  form  a  board,  and  be  ready  to  proceed  to 
business,  are  assigned  for  receiving  complaints  and  applica 
ffltps ;  but  they  are  nevertheless  authorised  in  any  particular  e^- 


■^1 


I 
1 


Jajfi  T>reatyn 


13 


low  obtain, 
insttion  for 
ained.  Itki 
911  for  such 
eiuaUy  ob- 
le  ordinary 
id  eomplete 
is  distinctly 
ises  only  as 
resaid,  and 
eney  of  the 
1  to  prodnee 
nor  to  such 
nifest  delay 

sueh  losses 
and  author- 
f  them  shall 
lident  of  the 
r  the  Senate 
other  four ; 
^e  Commis- 
propose  one 
be  drawn  by 
ers.    When 
,  they  shall, 
lowing  oath 
oath  or  af- 
itered  on  the 
he  Commis- 
the  Treaty 
Britannie 
ly  swear  (or 
id  carefully 
justice  and 
|rlicle,  shall 
ill  forbear 
be  person- 
board,  and 
^id  commis- 
eaeh  side, 
U  decisions 
imissioners 
)h  the  said 

J'    roeeed  to 
applica 
Vtieular  ea- 


I 


:^ 


■ik 


'4 


i 
4 


les  in  which  it  shall  appear  to  them  to  be  reasonable  and  just,  to 
extend  the  said  term  of  eighteen  months  lor  any  term  not  exeeed- 
ing  six  months,  alter  the  expiration  thereof.  The  said  Commis- 
sioners shall  first  meet  at  Philadelphia,  but  they  shall  have  pow- 
er to  adjourn  from  place  to  place  as'  they  shall  see  cause. 

The  said  Commissioners  in  examining  the  complaints  and  ap- 
plications so  preferred  to  them,  are  empowered  and  required,  in 
pursuance  of  the  true  intent  and  meaning  of  this  article,  to  take 
into  their  consideration  all  claims,  whether  of  principal  or  inter- 
est, or  balHiees  of  principal  and  interest,  and  to  aetermiiie  the  same 
respectiTcly,  according  to  the  merits  of  the  several  cases,  due  re- 
gard being  had  to  all  thie  circumstances  thereof,  and  as  equity  and 
justice  shall  appear  to  them  to  require.  And  the  said  Commis- 
sioners shall  have  power  to  examine  all  such  persons  as  shall 
come  before  them,  on  oath  or  affirmation,  touching  the  nremines ; 
and  also  to  receive  in  evidence,  according  as  they  may  think  must 
consistent  with  equity  and  justice,  all  written  depositions  or  books 
or  papers,  or  copies,  or  extracts  thereof,  every  such  deposition, 
book,  or  paper,  or  copy,  or  extract,  being  duly  authenticated,  ei- 
ther according  to  the  legal  forms  now  respectively  existing  in  the 
two  countries,  or  in  sneh  other  manner  as  the  said  Commissioners 
shall  see  cause  to  require  or  allow. 

The  award  of  the  said  Commissioners  or  of  any  three  of  them 
as  aforesaid,  shall  in  all-eases  be  final  and  conclusive,  both  as  to 
the  justice  of  the  claim,  and  to  the  amount  of  the  sum  to  be  paid 
to  the  creditor  or  claimant:  and  the  United  States  undertake  to 
cause  the  sum  so  awarded  to  be  paid  in  specie  to  such  creditor  or 
claimant  withont  deduction ;  and  at  such  time  or  times,  and  at 
•uch  place  or  places  as  shall  be  awarded  by  the  said  Commission- 
ers ;  and  on  condition  of  such  releases  or  assignments  to  be  given 
bv  the  creditor  or  claimant,  as  by  the  said  Commissioners  may  be 
directed :  Provided  always,  that  no  such  payment  shall  be  fixed 
by  the  said  Commissioners  to  take  place  sooner  than  twelve 
months  from  the  day  of  exchange  of  the  ratifications  of  this  treaty. 

Art.  YII.  Whereas  complaints  have  been  made  by  divers 
merchants  and  others,  citizens  of  the  United  States,  that  during 
the  course  of  the  war  in  which  his  Majesty  is  now  engaged,  they 
have  sustained  considerable  losses  and  damage,  by  reason  of  ir- 
regular or  illegal  captors  or  condemnations  of  their  vessels  and 
other  property,  under  colour  of  authority  or  commissions  from  his 
Maiesty ;  and  that  from  various  circumstances  belonging  to  the 
said  cases,  adequate  compensation  for  the  losses  and  damages  so 
sustained  cannot  now  be  actually  obtained,  had  and  received  by 
the  ordinary  course  of  judicial  proceedings ;  it  is  agreed,  that  in 
all  such  cases,  where  adeqvate  compensation  caniiot,  for  whatev- 
er reason,  be  now  actually  obtained,  had  and  received  by  the  said 
merchants  and  others  in  the  ordinary  course  of  justice,  full  and 
ipouiplete  compensation  for  the  same  will  be  made  by  the  British 


14* 


Jafs  Treaty, 


^rerqnieiit  tb'tte  said  complainants.  But  it  \i  distinctly  onder- 
Btond  that  thif  provision  ii  not  to  extend  to  such  losses  or  dama- 
ges as  have  been  occasioned,  by  the  manifest  delay  or  negligence^ 
or  wilful  omission  of  the  clatraants. 

That  for  the  purpose  of  alcertaining  the  amount  of  any  such 
losses  and  damages,  five  Oommissioners  shall  be  appointed  and 
authorised  to  act  in  London,  exactly  in  the  manner  direeted  with 
respect  to  those  mentioned  in  the  preceding  aVticle,  and  after 
having  taken  the  same  oath  or  affirmation  {mutatis  mutandis)  the 
•ame  term  of  eighteeli  months  is  also  assigned  for  thg^  reception 
of  claims,  and  they  are,  in  like  manner  authorised  to  extend  the 
same  in  particular  eases.  They  shall  receive* testimony)  books, 
papers,  and  evidence  in  the  same  latitude,  and  exercise  the  like 
discretion  and  powers  respecting  that  subjeet  J  and  shall  decide 
the  claims  in  question  according  to  the  merits  of  the  several  ca- 
ses, and  to  jnnice,  equity,  and  the  laws  of  nations.  The  award 
,of  the  said  Commissioners,  or  any  such  three  of  them  as  afore- 
said, shall,  in  all  cases,  be  final  and  conclusive,  both  as  to  the 
justice  of  the  claim  and  the  amount  of  the  sum  to  be  paid  to  the 
claimant ;  and  his  Britannic  Majesty  undertakes  to  cause  the 
same  to  be  paid  to  such  claimant  in  specie,  without  any  deduc- 
tion, at  such  place  or  places,  and  at  such  time  or  times  as  shall 
be  awarded  by  the  said  Commissioners,  and  on  condition  of  such 
releases  or  assignments  to  be  given  by  the  claimants,  as  by  the 
said  Commissioners  may  be  directed.  # 

And  whereas  certain  merchants  and  others  his  Majesty's  sub- 
jects complain,  that  in  the  course  of  the  war,  they  have  sustained 
loss  and  damage,  by  reason  of  the  capture  of  their  vessels  and  mer« 
ehandise,  taken  within  the  limits  and  jurisdiction  of  the  states, 
and  brought  into  the  ports  of  the  same,  or  taken  by  vessels  origi- 
nally armed  in  ports  of  the  said  states : 

It  is  agreed,  that  in  all  such  cases,  where  restitution  shall  not 
have  been  made  agreeably  to  the  tenor  of  the  letter  from  Mr.  Jef- 
ferson to  Mr.  Hammond,  dated  at  Philadelphia,  Sept.  0,  1708,  a 
copy  of  which  is  annexed  to  this  treaty;  the  complaints  of  the 
parties  shall  be  and  hereby  are  referred  to  the  Commissioners  to 
he  appointed  by  virtue  of  this  article,  who  are  hereby  authorised 
and  required  to  proceed  in  the  like  manner  relative  to  these  as  to 
the  other  cases  committed  to  them  ;  and  the  United  States  under- 
take to  pay  to  the  complainants  or  claimants  in  specie,  without 
deduction,  the  amount  of  such  sums  as  shall  be  awarded  to  them 
respectively  by  the  said  Commissioners,  and  at  the  times  and 
places  which  in  such  awards  shall  be  ttpeciiiod  ;  and  on  condition 
of  such  releases  or  assignments  to  be  given  by  the  claimants  as  in 
the  said  awards  may  be  directed  :  and  it  is  further  agreed,  that 
not  only  the  now  existing  cases  of  both  descriptions,  but  also  all 
snch  as  »hall  exist  at  the  time  of  exchanging  the  ratifications  of 
this  treaty,  shall  be  considered  as  being  within  the  provisions) 
intent,  and  meaning  of  this  article. 


aoeoi 

Ai 

State 

perfe 

tive  I 

ditioi 

Ar 

lawfu 

Unite 

in  the 

not  b( 

chanc 

said  g 

island 

the  su 

highe 

ish  ve 

goes  c 


Ja/s  Treaty^ 


19 


Art.  YIH.  It  is  further  agreed,  that  the  Commisaioneri  men- 
tiosed  io;  this  and  the  two  preeeding  artiele8»  shall  be  respee- 
tivelyfiaid  in  sueh  manner  >i^*3hall  be  agreed  upon  by  the  two 
parties ;  such  agreement  being  to  be  settled  at  the  time  of  the  ex- 
ehange  of  the  ratifications  of  this  treatt.  And' all  other  expen- 
ses attenaihg  the  said  eommissions,  shall  be  defrayed  jointlv  by 
the  two  parties^  the  same  being  previously  ascertained  and  allow- 
ed by  the  majority  of  the  Commissioners.  And  in  the  ease  of 
death,  sickness,  or  necessary  absence,  the  plaee  of  every  such 
Commissioner  respectively,  shall  be  supplied  in  the  same  manner 
as  such  Commissioner  was  first  appointed,  and  the  new  Commi»- 
sioners  shall  take  the  same  oath  or  affirmation,  and  do  the  same 
duties. 

AaT.  IX.  It  is  agreed,  that  BHtish  subjects  who  now  hold 
lands  in  the  territories  of  the  United  States,  and  American  eiti> 
zcns  who  now  holil  lands  in  the  dominions  of  his  Mi^esty:,  shall 
continue  to  hold  them  according  to  the  nature  and  tenure  of  their 
respective  estates  and  titles  therein ;  and  may  grant  sell  or 
devise  the  same  to  whom  they  please,  in  like  manner  as  if  they 
were  natives;  and  that  neither  they  nor  their  heirs  or  assigns 
shall,  so  far  &h  may  respect  the  said  lands  and  the  legal  reme- 
dies incident  thereto,  be  regarded  as  aliens. 

Art.  X.  ^either  the  debts  due  from  individuals  of  the  one 
nation  to  individuals  of  the  other,  nor  shares,  nor  monies  which 
they  may  have  in  the  public  funds,  or  in  the  public  or  private 
bunks,  shall  ever  in  any  event  of  war  or  national  differences,  be 
sequestered  or  confiscated,  it  being  unjust  and  impolitic,  that 
debts  and  engagements  contracted  and  made  by  individuals  hav- 
ing confidence  in  each  other,  and  in  their  respective  governments^ 
should  ever  be  destroyed  or  impaired  by  national  authority,  oa 
account  of  national  differences  and  discontents. 

Art.  XI.  It  is  agreed,  between  his  Majesty  and  the  United 
States  of  America,  that  there  shall  be  a  reciprocal  and  entirely 
perfect  liberty  of  navigation  and  cpmmerce  between  their  respec- 
tive people,  in  the  manner,'undcr  the  limitations,  and  on  the  con- 
ditions specified  in  the  following  articles  : 

Art.  XII.  His  Majesty  consents,  that  it  ^hall  and  may  be 
lawful  during  the  time  herein  after  limited,  for  the  citizens  of  the 
United  States  to  carry  to  any  of  his  Majesty's  islands  and  ports 
in  the  West-Indies  from  the  United  States,  in  their  own  vessels, 
not  being  above  the  burthen  of  sevejity  tons,  any  goods  or  mer- 
chandises, being  of  the  growth,  manufacture  or  produce  of  the 
said  states,  which  it  is  or  may  be  lawful  to  carry  to  the  said 
islands  or  ports  from  the  said  states  in  British  vessels ;  and  that 
the  said  American  vessels  shall  be  subject  there  to  no  other  or 
higher  tonnage,  duties  or  charges,  than  shall  be  payable  by  Brit- 
ish vessels  in  the  ports  of  the  United  States  $  and  that  the  car- 
goes of  the  said  Americau  vessels  shall  be  subject  there  to  no  oth-^ 


t  ■ '  *  ■+  •  ' 


10 


Jafs  IVen^if. 


er  or  higher  duties  or  eharges,  than  shall  he  payable;  on  the  \\\a 
articles  if  imported  there  from  the  said  states  in  British  vessels. 

And  his  Migestyalso  consents,  that  it  shall  be  lawful  Air  the 
■aid  American  eitisens  to  purchase,  load  and  carry  aiiray  in  their 
■aid  vessels  to  the  United  Htates,  from  the  said  islands  and  ports, 
all  such  articles  being  of  the  growth,  manufacture  or  produce  of 
the  said  islands,  as  may  now  by  law  be  carried  from  thence  to 
the  said  states  in  British  vessels,  and  subject  only  to  the  same 
duties  and  charges  on  exportation,  to  whicjh  British  vessels  and 
their  cargoes  are  or  shall  be  subieet  ih  similar  circumstances. 

Provided  always,  that  the  said  American  vessels  do  carry  and 
land  their  cargoes  in  the  United  States  only,  it  being  expressly 
agreed  and  declared,  that  during  the  continuance  of  this  article, 
the  United  States  will  prohibit  and  restrain  the  carrying  any 
molasses,  sugar,  coffee,  cocoa,  or  cotton  ih  American  vessels, 
either  from  his  Majestv's  islands,  or  fi:om  the  United  States,  to 
any  part  of  the  world  et/oopt  the  United  States,  reasonable  sea 
stores  excepted.  Provided  also,  that  it  shall  and  may  be  lawful, 
during  the  same  period,  for  British  vessels  to  import  from  the 
said  islands  into  the  United  States,  and  to  export  from  the  Uni- 
ted States  to  the  said  islands,  all  articles  whatever,  being  of  the 
growth,  produce,  or  manufacture  of  the  said  islands,  or  of  the 
United  States  respectively,  which  norw  may,  by  the  laws  of  the 
said  states,  be  so  imported  and  exported.  And  that  the  cargoes 
of  the  said  British  vessels  shall  be  subject  to  no  other  or  higher 
duties  or  charges,  than  shall  be  payable  on  the  same  articles,  if 
so  imported  or  exported  in  American  vessels. 

It  is  agreed,  that  this  article  and  every  matter  and  thing  there- 
in contained,  shall  continue  to  be  in  force  during  the  continuance 
of  the  war  in  which  his  Majesty  is  now  engaged ;  and  also  for 
two  years  from  and  after  the  day  of  the  signature  of  the  prelimi- 
nary or  other  articles  of  peace,  by  whi^h  the  same  may  be  termi- 
nated. 

And  it  is  further  agreed,  that  at  the  expiration  of  the  said  term, 
the  two  contracting  parties  will  endeavour  further  to  regulate  their 
commerce  in  this  respect  according  to  the  situation  in  which  his 
Mtuesty  may  then  find  himself  with  respect  to  the  West-Indies, 
ana  with  a  view  to  such  arrangements  as  may  best  conduce  to  the 
mutual  advantage  and  extension  of  commerce.  And  the  said  par- 
ties will  then  also  renew  their  discussions,  and  endeavour  to  agree, 
whether  in  any  and  what  cases  neutral  vessels  shall  protect  ene- 
my's property  ;  and  in  what  eases,  provisions  and  other  articles, 
not  generally  contraband,  may  become  such.  But  in  the  mean 
time,  their  conduct  towards  each  other  in  these  respects,  shall  be 
regulated  by  the  articles  herein  after  inserted  on  those  subjects. 

Art.  Xlil.  His  Majesty  consents,  that  the  vessels  belonging 
to  the  citizens  of  the  United  States  of  America,  shall  be  admit- 
ted and  hospitably  received^in  all  the  sea -ports  and  harbors  of  the 


1 


% 
f 


5' 


'l'&^ 

'..T 


Jay's  Treaty* 


17 


the  liktt 
i  TesieU. 
il  for  the 
f  in  their 
jid  porta, 
odnee  of 
henee  to 
the  tame 
isels  and 
kncef. 
larry  and 
ixpresily 
8  article, 
ying  any 
1  vesseia, 
itates,  to 
lable  tea 
le  lawful, 
from  the 

the  Uni^ 
Dg  of  the 
or  of  the 
IS  of  the 
e  cargoes 
ir  higher 
rtieles,  if 

ng  there- 

itinuanee 

also  for 

prelimi- 

Ibe  termi- 

|aid  term, 

late  their 

hich  his 

it-lndies, 

ice  to  the 

|said  par- 

to  agree, 

Itect  eue- 

articles, 

le  mean 

,  shall  be 

ibjeets. 

[elonging 

admit- 

)rsofthe 


British  territories  iu  the  East-Indies.  And  that  the  citizens  of 
the  said  United  States,  may  freely  carry  on  a  trade  between  the 
said  territories  and  the  said  ITuited  States,  in  all  articles  of  which 
the  importation  or  exportation  respeptiTcly,  to  or  from  the  said 
territories  shall  not  be  entirely  prohibited.  Provided  only,  that 
it  shall  not  be  lawful  fur  them  in  any  time  of  war  between  the 
British  government  and  any  other  power  or  state  whatever,  to  ex- 
port from  the  said  territories,  without  the  special  permission  of 
the  British  government  there,  any  military  stores,  or  naval  stores, 
or  nee.  The  citizens  of  the  United  States  shall  pay  for  their 
vessels,  when  admitted  into  the  said  ports,  no  other  or  higher  ton- 
nase  duty  than  shall  be  payable  on  British  vessels,  when  admit- 
ted into  the  ports  of  the  United  States.  And  they  shall  pay  no 
other  or  higher  duties  or  charses,  on  the  importation  or  exporta- 
tion of  the  cargoes  of  the  said  vessels,  than  shall  be  payable  on 
the  same  articles  when  imported  or  exported  in  British  vessels. 
But  it  is  expressly  agreed,  that  the  vessels  of  the  United  States 
shall  not  carry  any  of  the  articles  exported  by  them  from  the  said 
British  territories,  to  any  port  or  place,  except  to  some  port  or 
place  in  America,  where  the  same  shall  be  unladen,  and  such  reg- 
ulations shall  be  adopted  by  heth  parties,a8  shall  from  time  to  time 
be  found  necessary  to  enforce  the  due  and  faithful  observance  of 
this  stipulation.  It  is  also  understood  that  the  permission  grant- 
ed by  this  article,  is  not  to  extend  to  allow  the  vessels  of  the  Uni- 
ted States  to  carry  on  any  part  of  the  c  )asting  trade  of  the  said 
British  territories  ;  but  vessels  going  with  their  original  cargoes, 
or  part  thereof,  from  one  port  of  discharge  to  another,  are  not  to 
be  considered  as  carrying  on  the  coasting  trade.  Neither  is  this 
article  to  be  construed  to  allow  the  citizens  of  the  said  states  to 
Kettle  or  reside  within  the  said  territories,  or  to  iro  into  the  in- 
terior parts  thereof,  without  the  permission  of  the  ifritish  govern- 
ment established  there  ;  and  if  any  transgression  should  be  at- 
tempted against  the  regulations  of  the  British  government  in  this 
respect,  the  observance  of  the  same  shall  and  may  be  enforced  a- 
gainst  the  citizens  of  America  in  the  same  manner  as  against 
British  subjects,  or  others  transgressing  the  same  rule.  And  the 
citizens  of  the  United  States,  whenever  they  arrive  in  any  port 
or  harbor  in  the  said  territories,  or  if  they  should  be  permitted  in 
manner  aforesaid,  to  go  to  any  other  place  therein,  shall  always  be 
subject  tu  the  laws,  government  and  jurisdiction  of  what  nature 
established  in  such  harbor,  port  or  place,  according  as  the  same 
may  be.  The  citizens  of  the  United  States  may  also  touch  for 
refreshment  at  he  island  of  St.  Helena,  but  subject  in  all  respects 
to  such  regulations  as  the  British  government  may  from  time  to 
time  establi^^h  there. 

Art.  XiV.  There  shall  be  between  all  the  dominions  of  his 
Majesty  in  Europe  and  the  territories  of  the  United  States,  a  re- 
ciprocal and  perfect  liberty  of  commerce  and  navigation.  The 
people  and  inhabitants  of  tb(i  two  countries,  respectively  shall 

3 


18 


Jay'8  Treati/, 


have  liberty  freely  and  securely,  and  withoat  hindrance  and  m#« 
lestation,  to  eome  with  their  ships  and  cargoes  to  the  lands,  eoun- 
tries,  eities,  ports,  places,  and  rivers,  within  the  dominions  and 
territories  aloresaid,  to  enter  into  the  same,  to  resort  there,  and 
to  remain  and  reside  there,  withont  ant  limitation  of  time.  Also 
to  hire  and  possess  houses  and  warehouses  for  the  purposes  of 
their  commerce,  and  generally  the  merchants  and  traders  on  each 
tide,  shall  e^joy  the  most  complete  protection  and  security  for 
their  commerce ;  but  subject  always,  as  to  what  respects  this  ar- 
ticle, to  the  laws  and  statutes  of  the  two  countries  respectively. 
Art.  XY.  It  is  agreed,  that  no  other  or  higher  duties  shall  be 
paid  by  the  ships  or  merchandize  of  the  one  party  in  the  ports  of 
the  other,  than  such  as  are  paid  by  the  like  vessels  or  merchan- 
dize  of  all  other  nations.  Nor  shall  any  other  or  higher  duty  ba 
imposed,  in  one  country,  on  the  importation  of  any  articles  tho 

frowth,  produce,  or  manufacture  of  the  other,  than  are  or  shall 
e  pavaole  on  the  importation  of  the  like  articles  being  of  the 
erowth,  produce,  or  manufacture  of  any  other  foreign  country.— «> 
Nor  shall  any  prohibition  be  imposed  on  the  eiportation  or  im- 
portation of  any  articles  to  or  from  the  territories  of  the  two  par- 
ties respeetivelyy  which  shall  not  equally,  extend  to  all  other  na- 
tions. 

But  the  British  government  reserves  to  itself  the  right  of  im- 
posing on  American  vessels  entering  into  the  British  ports  in 
£urope,  a  tonnage  duty  equal  to  that  which  shall  be  payable  by 
British  vessels  in  the  ports  of  America :  and  also  such  duty  as 
may  be  adequate  to  countervail  the  difference  of  dutv  now  paya- 
ble on  the  importation  of  European  and  Asiatic  goods,  when  im- 
ported into  the  United  States  in  British  or  in  American  vessels. 

The  two  parties  agree  to  treat  for  the  more  exact  equalization 
of  the  duties  on  the  respective  navigation  of  their  subjects  and 
people,  in  such  manner  as  mav  be  most  beneficial  to  the  two 
countries.  The  arrangements  n>r  this  purpose  shall  be  made  at 
the  same  time,  with  those  mentioned  at  the  conclusion  of  the 
twelfth  article  of  this  Treaty,  and  are  to  be  considered  as  a  part 
thereof.  In  the  interval,  it  is  agreed,  that  the  United  States  will 
not  impose  any  new  or  additional  tonnage  duties  on  British  ves- 
sels, nor  increase  the  now  subsisting  dnTerence  between  the  du- 
ties payable  on  the  importation  of  any  articles  in  British  or  im 
American  vessels. 

Art.  XVI.  It  shall  be  free  for  the  two  contracting  parties, 
respectively  to  appoint  Consuls  for  the  protection  of  trade,  to 
reside  in  the  dominions  and  territories  aforesaid ;  and  the  said 
Consuls  shall  enjoy  those  liberties  and  rights  which  belong  to  them 
by  reason  of  their  function.  But  before  any  Consul  shall  act  as 
such,  be  shall  be  in  the  usual  forms  approved  and  admitted  by  the 
party  to  whom  he  is  sent ;  and  it  i%  hereby  declared  to  be  lawfbl 
and  proper,  that  in  case  of  illegal  or  imuroper  conduct  towards 
the  laws  or  goTernment,  a  Consul  may  eitusr  be  punished  acoord- 


mv 

whi 

the 


W 


Jaf»  Treaty. 


At 


ee  and  mtf^ 
tindt,  eoun- 
linion*  and 
there,  and 
ime.  Also 
tnrposet  of 
en  on  eaeh 
eeurity  for 
■ts  this  ar- 
speetively. 
es  shall  be 
he  ports  of 
r  merehan* 
itr  duty  bo 
rticles  tho 
re  or  shall 
eing  of  the 
country.— o 
tion  or  im- 
ie  two  par- 
U  other  na- 

ght  of  im- 
h  ports  in 
»ayable  by 
h  duty  as 
now  pa^a- 
,  when  im- 
m  vessels, 
[oatization 
bjeets  and 
o  the  two 
le  made  at 
lion  of  the 
as  a  part 
■(tates  will 
ritish  ves- 
en  the  du- 
tish  or  in 

g  parties, 
trade,  to 
the  said 
Dg  to  them 
lall  act  as 
tied  by  the 
be  lawfbl 
it  towards 
^d  acoord- 


I 


'■it 


7? 


ing  to  law,  if  the  laws  will  reach  the  ease,  or  be  dismissed,  or 
•yen  sent  baek,  the  offended  government  assigning  to  the  other 
their  reasons  for  the  same. 

Either  of  the  parties  may  except  from  the  residence  of  Consuls 
such  particular  places,  as  suck  party  shall  judge  proper  to  be  so 
excepted. 

Art.  XVII.  It  is  agreed,  that  in*  all  cases  where  vessels  shall 
be  captured  or  detained  on  jus^  suspicion  of  having  on  board  ene- 
my's property,  or  of  carrying  to  the  enemy  any  of  the  articles 
which  are  contraband  of  war ;  the  said  vessel  shall  be  brought  to 
the  nearest  or  most  convenient  port ;  and  if  aay  property  of  an 
enemy  should  be  found  on  board  such  vessel,  that  part  only  which 
belongs  to  the  enemy  shall  be  made  prize,  and  the  vessel  shall  be 
at  liberty  to  proceed  with  the  remainder  without  any  impediment. 
And  it  is  agreed,  that  all  proper  measures  shall  be  taken  to  pre- 
vent delay,  in  deciding  the  cases  of  ships  or  cargoes  so  brought 
in  for  adjudication ;  and  in  the  payment  or  recovery  of  any  in- 
demnification, adjudged  or  agreed  to  be  paid  to  the  masters  or 
owners  of  sueh  ships. 

Art.  XVIII.  In  order  to  regulate  what  is  in  future  to  be  es^ 
teemed  contraband  of  war,  it  is  agreed,  that  under  the  said  de- 
nomination shall  be  comprised  all  arms  and  implements  serving 
for  the  purposes  of  war,  oy  land  or  sea,  such  as  cannon,  muskets, 
nortars,  petards,  bombs,  grenades,  carcasses,  saueisses,  carriages, 
for  cannon,  muskets'  rests,  bandoliers,  gun  powder,  match,  salt- 
petre, ball,  pikes,  swords,  head  pieces,  cuirasses,  halberds,  lances, 
javelins,  horse  furniture,  holsters,  belts,  and  generally  all  other 
implements  of  war ;  as  also  timber  for  ship  building,  tar  or  rosin, 
copper  in  sheets,  sails,  hemp  and  cordage,  and  generally  whatev- 
er may  serve  directly  to  the  equipment  of  vesseh,  un wrought 
iron  and  fir  planks  only  excepted;  and  all  the  above  articles  are 
hereby  declared  to  be  just  objects  of  confiscation,  whenever  they 
are  attempted  to  be  ctrried  to  an  enemy. 

And  whereas  the  difficulty  of  agreeing  on  the  precise  cases  in 
which  alone  provisions  and  other  articles  not  generally  contra- 
band may  be  r^arded  as  such,  renders  it  expedient  to  provide 
against  the  inconveniences  and  misunderstandings  which  might 
thenee  arise :  it  is  further  agreed,  that  whenever  any  such  articles 
so  becoming  contraband,  according  to  the  existing  laws  of  nations, 
shall  for  that  reason  be  seized,  the  same  shall  not  be  confiscated, 
but  the  owners  thereof  shall  be  speedily  and  completely  indemni- 
fied ;  and  the  captors,  or  in  their  default,  the  government  under 
whose  authority  they  act,  shall  pay  to  the  masters  or  owners  of 
such  vessels,  the  full  value  of  all  sueh  articles,  with  a  reasonable 
mercantile  profit  thereon,  toetether  with  the  freight,  and  also  the 
demurrage  incident  to  such  detention. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a  port 
or  place  belonging  to  an  enemy,  without  knowing  that  the  same 
is  either  besieged,  bloekaded,  or  invested ;  it  is  agreed;  that  every 


20 


JajfB  Treaty, 


veis^  so  eireomstaneed,  may  be  turned  away  from  such  port  or 

elace,  but  ihe  sliall  not  be  detained,  nor  her  car,fi^o,  if  not  eontra- 
and,  be  confiscated,  unless  after  notiee  she  shall  again  attempt 
to  enter ;  but  she  shall  be  permitted  to  go  to  any  other  port  or 
place  she  may  think  proper :  Nor  shall  any  vessel  or  goods  of 
either  party,  that  may  have  entered  into  such  port  or  place,  be- 
fore the  same  was  beseiged,  blockaded  or  invested  by  the  other, 
and  be  found  therein  after  the  reduction  or  surrender  of  such 
place,  be  liable  to  eonfiseation,  but  shall  be  restored  to  the  own- 
ers or  proprietors  thereof. 

Art.  XIX.  And  that  more  abundant  care  may  be  taken  for 
the  security  of  the  respective  subjects  and  citizens  of  the  contract- 
ing parties,  and  to  prevent  their  snilering  injuries  by  the  men  of 
war,  or  privateers  of  either  party,  all  commanders  of  ships  of  war 
and  privateers,  and  all  others  the  said  subjects  and  citizens,  shall 
forbear  doing  any  damage  to  those  of  the  other  party,  or  commit- 
ting any  outrage  against  them,  and  if  they  act  to  the  contrary, 
they  shall  be  punished,  and  ahall  also  be  bound  in  their  persons 
and  estates  to  make  satisfaction  and  reparation  for  all  damages, 
and  the  interest  thereof,  of  whatever  nature  the  said  damages 
may  be. 

For  this  cause  all  commanders  of  privateers.before  they  receive 
tlieir  commissions,  shall  hereafter  be  obliged  to  give  before  a  com- 
petent judge,  sufficient  security,  by  at  least  two  responsible  sure- 
ties, who  have  no  interest  in  the  said  privateer,  each  of  whom, 
togellier  with  the  said  commander,  shall  be  jointly  and  severally 
bound  in  the  sum  of  fifteen  hundred  pounds  sterling,^  or  if  such 
ships,  be  provided  with  above  one  hundred  and  fifty  seamen  or 
soldiers,  in  the  sum  of  three  thousand  pounds  sterling;  to  satisfy 
ali  dama(»es  and  injuries,  which  the  said  privateer,  or  her  officers 
or  rat>u,  or  any  of  them  may  do  or  commit  during  their  cruise, 
contrary  to  the  tenor  of  this  Treaty,  or  to  the  laws  and  instruc- 
tions for  regulating  their  conduct ;  and  further,  that  in  all  cases 
of  aggressions,  the  said  commissions  shall  he  revoked  and  annulled. 

It  is  also  agreed,  that  whenever  a  judge  of  a  court  of  admiralty 
of  either  of  the  parties,  shall  pronounce  sentence  against  any 
vessel,  or  goods,  or  property  belonging  to  the  subjects  or  citizens 
of  the  other  party,  a  formal  and  duly  authenticated  copy  of  all 
the  proceedings  in  the  cause,  and  of  the  said  sentence,  shall,  if 
required  be  delivered  to  the  commander  of  the  said  vessel,  with- 
out the  smallest  delay,  he  paying  all  legal  fees  and  demands  for 
the  same. 

Art.  XX.  It  is  further  agreed,  that  both  the  said  contracting 
parties,  shall  not  only  refuse  to  receive  any  pirates  into  any  of 
their  ports,  havens,  or  towns,  or  permit  any  of  their  inhabitants 
to  receive,  protect,  harbour,  eonecal  or  assist  them  in  any  manner, 
but  will  bring  to  condign  punishment  all  such  inhabitants  as  shall 
be  guilty  of  such  acts  or  oflfenees. 

And  all  their  ships,  with  the  goods  or  merchandises  taken  by 


them  I 
.  be  seis 
ho  the 
'ised  in 
court  0 
effects 
;  ved  thi 
)ect  th 
Art 
sens  oj 
lence  a 
o  to  ai 
arty 
[to  invit 
ubjeci 
..uch  ofl 
#f  any 
ccept { 
,ny  ves 
aken  b 
he  said 
"^^ug  suci 
Art. 
'^ontrac 
against 
faid  pai 
hereof, 
ustice  a 
'used  or 
Art. 
larties 
he  othe 
nd  gov( 
^hat  res 
and  if  ai 
lants,  al 
i'  the  p 
esty  coi 
hi'  weati 
'to  the  n 
nto    wh 
,dmitte( 
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i|>ermittc 
jBssaries 
^nd  regi 
ithe  circt 
Im  allow 
fhall  be 


.# 


Jaifs  Treaty. 


%t 


b  port  or 
it  eontra- 
1  attempt 
r  port  or 

ji(U0J«  of 

ilace.  be- 
Le  other, 
r  of  such 
the  owu- 

taken  for 
contract- 
le  men  of 
ps  of  war 
ens.  shall 
r  comniiit- 
contrary, 
r  persons 
damages, 
damages 

By  receive 

)re  a  com> 

ible  sure- 

of  whom, 

severally 

ir  if  such 

eamen  or 

to  satisfy 

r  oflieers 

ir  cruise, 

1  instruc- 

all  cases 

Annulled. 

dmiralty 

inst  aoy 

citizens 

y  of  all 

shall,  if 

|el,  with- 

ands  for 

^tracting 
any  of 
jabitants 
Imanner, 
las  shall 

laken  by 


them  and  brought  into  the  port  of  either  of  the  said  parties,  shall 
;be  seized  as  far  as  they  can  be  diseovered,  and  shall  be  restored 
'to  the  owners,  or  their  factors  or  agents,  duly  deputed  and  author- 
'ised  in  writing  by  them  (proper  evidence  being  first  given  in  the  • 
court  of  admiralty  for  proving  the  property)  even  lu  ease  such 
,;V  effects  should  have  passed  into  other  hands  by  sale,  if  it  be  pro- 
fved  that  the  buyers  knew,  or  had  good  reason  to  believe,  or  sus- 
'^^ect  that  they  had  been  piratically  taken. 

f     Art.  XXI.  it  is  likewise  agreed,  that  the  subjects  and  citi- 
»ns  of  thtt  two  nations,  shall  not  do  any  acts  of  hostility  or  vio- 
lence against  each  other,  nor. accept  commissiuns  or  instructions 
»o  to  act  from  any  foreign  prince  or  state,  enemies  to  the  other 
party ;  nor  shall  the  enemies  of  one  of  ihe  parties   be  permitted 
Ho  invite,  or  endeavor  to  inlist  in  their  military  service  any  of  the 
J^ubjects  or  citizens  of  the  other  party;  and  the  laws  against  all 
fiucu  offences  and  aggressions,  shall  lie  punctually  executed.  And 
f;|lf  any  subject  or  citizen  of  the  said  parties  respectively,  shall 
/^ecept  any  foreign  commission,  or  letters  of  marque,  for  arming 
'^ny  vessel  to  act  as  a  privateer  against  the  other  party,   and  be 
xkaken  by  the  other  party,  it  is  hereby  declared  to  be   lawful  for 
|lhe  said  party  to  treat  and  punish  the  said  subject  or  citizen,  hav- 
;>|Eug  such  commission  or  letters  of  marque,  as  a  pirate. 
i    Art.  XXII.  It  is  expressly  stipulated,  that  neither  of  the  said 
'.Contracting  parties   will  order  or  authorize   any  acts  of  reprizal 
'Against  the  other  or  complaints  of  injuries  or  damages,  unfil  the 
laid  party  shall  first  have  presented  to   the  other  a  statement 
^hereof,  verified  by  competent  proof  and  evidence,  and  demanded 
justice  and  satisifaetion,  and  the  same  shall  either  have  been  re- 
fused or  unreasonably  delayed. 
Art.  XXIII.    The  ships  of  war  of  each  of  the  contracting 
|toarties  shall  at  all  times  be  hospitably  received  in  the  ports  of 
Jlhe  other,  their  officers  and  crews  paying  due  respect  to  the  laws 
|pind  government  of  the  country.    The  officers  shall  be  treated  with 
:^hat  respect  which  is  due  to  the  commissions  which   they  bear, 
"  jind  if  any  insult  should  be  offered  to  them  by  any  of  the  inhabi- 
;|ant8,  all  offenders  in  this  respect  shall  be  punished  as  disturbers 
ioi'  the  peace  and  amity  between  the  two  countries. — And  his  Ma- 
jesty consents,  that  in  case  an  American  vessel,  should,  by  stress 
^pf  weather,  danger  from  enemies,  or  other  misfortune,  be  reduced 
pto  the  necessity  of  seeking  shelter  in  any  of  his  Majesty's  ports, 
Into   which   such  vessel  could  not  in  ordinary  cases  claim  to  be 
admitted,  she  shall,  on  manifesting  that  necessity  to  the. satisfac- 
tion of  the  government  of  the  place,  be  hospitably  received  and 
permitted  to  refit,  and  to  purchase  at  the  market  price,  such  nec- 
essaries as  she  may  stand  in  need  of,  conformably  to  such  orders 
pund  regulations  as  the  government  of  the  place,  having  lespect  to 
"Jthe  circumstances  of  each  case,  shall  prescribe.     She  shall  not 
1i>e  allowed  to  break  bulk   or  unload  her  cargo,  unless  the  same 
ihall  be  bonajide  necessary  to  her  being  refitted.    Nor  shall  she 


M- 


£2 


Jay*8  Treaty, 


be  permitted  to  lell  any  part  of  her  eargo,  anless  »o  much  only  as 
nay  be  neeeitary  to  defray  her  expenves,  and  then  not  without  the 
express  permission  of  the  ^vemment  of  the  place.  Nor  shall  she 
be  obliged  to  pay  anyiduties  whatever,  except  only  on  sueh  arti- 
cles as  she  may  be  peVmitted  to  sell  for  the  purpose  aforesaid. 

Art.  XXlY .  It  shall  not  be  lawful  for  any  foreign  privateers 
(not  being  subjects  or  citizens  of  either  of  the  said  parties)  who 
have  commissions  from  any  other  prince  or  state  in  enmity  with 
either  nation,  to  arm  their  ships  in  the  ports  of  either  of  the  said 
parties,  nor  to  sell  what  they  have  taken,  nor  in  any  manner  to 
exchange  the  same ;  nor  shall  they  be  allowed  to  purchase  more 
provisions,  than  shall  be  necessary  for  their  goine  to  the  nearest 
port  of  that  prinee  or  state  from  whom  they  obtained  their  eom- 
missions. 

Art.  XXV.  It  shall  be  lawful  for  the  ships  of  war  and  pri- 
vateers belonging  to  the  said  parties  respectively,  to  carry  whith- 
ersoever they  please,  the  ships  and  goods  taken  from  their  ene- 
mies, without  oeing  obliged  to  pay  any  fee  to  the  officers  of  the 
admiralty,  or  to  any  judges  whatever  :  nor  shall  the  said  prizes 
when  they  arrive  at,  and  enter  the  ports  of  the  said  parties,  be 
detained  or  seized  $  neither  shall  the  searehers  or  other  officers  of 
those  places  visit  such  prizes  (exeept  for  the  purpose  of  prevent- 
ing the  carrying  of  any  part  of  the  eargo  thereof  on  shore  in  any 
Banner  contrary  to  the  established  laws  of  revenue,  navigation,  or 
commerce)  nor  shall  such  officers  take  cognizance  of  the  validity 
of  sueh  prizes ;  but  they  shall  be  at  liberty  to  hoist  sail,  and  de- 
part ar  speedily  as  may  be,  and  carry  their  said  prizes  to  the 
place  mentioned  in  their  commissions  or  patents,  which  the  com- 
manders of  the  said  ships  of  war  or  privateers  shall  be  obliged  to 
shew.  No  shelter  or  refuge  shall  be  given  in  their  ports  to  such 
as  have  made  a  prize  upon  the  subjects  or  citizens  of  either  of 
the  said  parties ;  but  if  forced  by  stress  of  weather,  or  the  dan- 
gers of  the  sea,  to  enter  therein,  particular  care  shall  be  taken  to 
hasten  their  departure,  and  to  cause  them  to  retire  as  soon  as 
possible.  Nothing  in  this  Treaty  contained  shall,  however,  be 
eonstrued  or  operate  contrary  tu  former  and  existing  public  trea- 
ties with  other  sovereigns  or  states.  But  the  two  pai'ties  agree, 
that  while  they  continue  in  amity,  neither  of  them  will,  in  future, 
make  any  treaty  that  shall  be  inconsistent  with  this  or  the  pre- 
ceding article. 

Neither  of  the  said  parties  shall  permit  the  ships  or  goods  be- 
longing to  the  subjects  or  eitizens  of  the  other,  to  be  taken  within 
cannon  shot  of  the  coast,  nor  in  any  «(f  the  bays,  ports,  or  rivers 
of  their  territories,  by  ships  of  war,  or  others  having  commissions 
from  any  prince,  republic,  or  state  whatever.  But  in  ease  it  should 
so  happen,  the  party  whose  territorial  rights  shall  thus  have  been 
violated,  shall  use  his  utmost  endeavours  to  obtain  from  the  of- 
fending party,  full  and  ample  satisfaction  for  the  vessel  or  vessels 
so  taken,  whether  the  iame  be  vessels  of  war  or  merchant  vessels. 


Ant 

(which 

the  mei 

the  don 

and  coi 

commit 

should 

should 

months 

fur  that 

ty ;  bol 

•ontrar; 

deelarei 

gociatia 

until  th 

be,  shal 

and  not 

ture  ant 

to  reque 

or  minis 

tnal  fri( 

Art. 

United 

by  their 

same,  w 

with  mu 

ther,  shi 

provide! 

quality  ai 

'or  perso 

ision  and 

mitted. 

^  borne  an 

ceive  th( 

Art. 

g^  Treaty  s 

cept  th( 

I  years,  tc 

this  trea 

whereas 

i  therein  c 

prelimin 

present  y 

proper  n 

ject  of  tl 

before  th 

on  that  I 

,  place.    J 

,,aiid  the  1 


Jafg  Treaty* 


r 
98 


ARt.  XXVr.  If  at  any  time,  a  rupture  should  take  pla^e, 
(which  God  forbid  !)  between  his  Majesty  and  the  United  Mtates, 
the  merehants  and  oihers  of  each  of  the  two  nations,  residing  in 
the  dominions  of  the  other,  shall  have  the  privilege  of  remainiac 
and  continuing  their  trade,  so  long  as  they  behave  peaceably  and 
commit  no  offeiire  against  the  laws ;  and  in  case  their  conduct 
should  render  them  suspected,  and  the  respective  governments 
should  think  proper  to  order  them  to  remove,  the  term  of  twelve 
months  from  the  publication  of  the  order,  shall  be  allowed  them 
for  that  purpose,  to  remove  with  their  families,  affects  and  proper- 
ty }  but  this  favour  shall  not  be  extended  to  those  who  shall  act 
•ontrary  to  the  established  laws ;  and  for  greater  certainty,  it  is 
declared  that  saeh  rupture  shall  not  be  deemed  to  exist  while  ne« 
[goeiations  for  accommodating  differences  shall  be  depending,  nor 
until  the  respective  ambassadors  or  ministers,  if  suck  there  shall 
be,  shall  be  recalled,  or  sent  home  on  account  of  such  differences, 
and  not  on  account  of  personal  misconduet,  according  to  the  na- 
ture and  degrees  of  which  both  parties  retain  their  rights,  either 
to  request  the  recal,  or  immediately  to  send  home  the  ambassador 
'  or  minister  of  the  other;  and  that  without  prejudice  to  their  mu- 
tual friendship  and  good  understanding. 

Art.  XXYII.    It  is  further  agreed,  that  hrs  Majesty  and  the 
United  States,  on  mutual  requisitions,  by  them  respectively,  or" 
by  their  respective  ministers^  or  officers  authorise4^o  make  the 
same,  will  deliver  up  to  justilie  all  persons,  who,  being  ehai'ged 
:  with  murder  or  forgery,  eomitiitted  within  the  jurisdiction  of  ei- 
ther, shall-seek  an  asylum  within  any  of  the  countries  of  the  other, 
[provided  that  this  shall  only  be  done  on  such  evidence  of  crinii- 
[nality  as,  according  to  the  laws  of  the  place,  where  the  fugitive 
for  person  so  barged  shall  b'e  found,  would  justify  his  apprehen- 
jsion  and  commitment  for  trial,  if  the  oilence  had  there  been  com- 
j  mitted.    The  expense  of  such  apprehension  and  delivery  shall  be 
borne  and  defrayed,  by  those  who  make  the  requisition  and  re- 
I  seive  the  fugitive. 

Art.  XX  y  III.    It  is  agreed,  that  the  first  ten  articles  of  this 
[Treaty  shall  be  permanent,  and  that  the  subsequent  articles,  ex- 
cept the  twelfth,  shall   be  limited  in  their  duration  to  twelve 
years,  to  be  computed  from  the  day  on  which  the  ratifications  of 
this  treaty  shall  be  exchanged,  but  sul^ect  to  this  condition,  that 
I  whereas  the  said  twelfth  article  will  expire,  by  the  limitation 
•  therein  contained,  at  the  enil  of  two  years  from  the  siting  the 
preliminary  or  other  articles  of  peace,  which  shall  terminate  thci 
[present  war  io  which  his  Majesty  is  engaged,  it  is  a^greed,  that 
proper  measures  shall  by  concert  be  taken,  for  bringing  the  sub- 
ject of  that  article  into  amicable  treaty  and-  discussion,  so  early 
before  the  expiration  of  the  said  term,  as  that  new  arrangements 
Ion  that  head,  may  by  that  time  be  perfected  and  ready  to  take 
|place.    But  if  it  should  unfortunately  happen,  that  his  Majesty 
ind  the  United  States,  shanld  not  be  able  txk  agree  on  such  new 


M 


Jaifs  Treaty. 


V 


li 


.     f 


arrangements,  in  that  case,  all  the  articles  of  this  Treaty,  except 
the  first  (eu,  shall  then  cease  and  expire  together. 

Lastly.  This  Treaty,  when  the  same  shall  have  been  ratifi- 
ed by  his  Majesty,  and  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  the  respec- 
tive ratitications  mutually  exchanged,  shall  be  binding  and  obli- 
gatory on  his  Majesty  and  on  the  said  States,  and  shall  be  by 
them  respectively  executed,  and  observed,  with  punctuality,  and 
the  most  sincere  regard  to  good  faith ;  and  whereas  it  will  be  ex- 
pedient, in  order  the  better  to  facilitate  intercourse,  and  obviate 
difiicu.'ties,  that  other  articles  be  proposed  and  added  to  this  trea- 
ty, which  articles,  from  want  of  time  and  other  circumstances^ 
cannot  now  be  perfected — it  is  agreed,  that  the  said  parties  will, 
from  time  to  time,  readily  treat  of  and  concerning  such  articles, 
and  will  sincerely  endeavour  so  to  form  them,  as  that  they  may 
conduce  to  mutual  convenience,  and  tend  to  promote  mutual  sat- 
isfaction and  friendship ;  and  that  the  said  articles,  after  having 
b<>en  duly  ratified,  shall  be  added  to,  and  make  a  part  of  this 
Treaty.  In  faith  whereof,  we,  the  undersigned  Ministers  Pleni- 
potentiary of  his  Majesty  the  King  of  Great- Britain,  and  the 
United  States  of  America,  have  signed  this  present  Treaty,  and 
have  caused  to  be  affixed  thereto  the  seal  of  our  arms. 

Done  at  London,  this  nineteenth  day  of  November,  one 
thousand  seven  hundred  and  ninety-four. 

GREiNVlLLE.  (Seal.) 

JOHN  JAY.  (Seal.) 

Additioxal  Article.  It  is  further  agreed  between  the  said 
contracting  parties,  that  the  operation  of  ho  much  of  the  twelfth 
article  of  the  said  treaty  as  respectK  the  trade  whicb  his  said  Ma- 
jesty thereby  consents  may  be  carried  on  between  the  United 
States  and  his  islands  in  the  West-Indies,  in  the  manner  and  on 
the  term&  and  conditions  therein  specified,  shall  be  suspended. 

Explanatory  Article.  Whureas  by  the  third  article  of  the 
Treaty  of  Amiiy,  Commerce  and  ;\avigaiioii,  concluded  at  Lon- 
don on  the  lOlh  day  of  Noveinlier,  1794<,  between  his  Britannic  ma- 
jesty and  the  United  States  of  America,  it  was  agreed,  that  it 
should  at  all  times  be  free  to  his  Majesty^s  subjects  and  to  the 
citizens  of  the  United  Slates,  and  aUo  to  the  Indians  dwelling  on 
either  side  of  the  boundary  line  assigned  by  the  Treaty  of  Peaet; 
to  the  UhittMJ  .States,  freely  to  pass  and  repass,  by  land  or  inland 
iiavtgatioij.iiito  the  respective  territories  and  countries  of  the  two 
contracting  parties  on  the  continent  of  America  (the  bay  company 
»»nl>  excepted)  and  to  navigate  ail  the  iaki's,  rivers  and  waters 
thcreoi',  and  freely  to  carry  on  trade  and  commerce  with  each  oth- 
er. Hu'iicit  to  the  provisions  and  limitations  contained  in  the  first 
article  ;  und  whereas  by  tlu'  Ntli  article  of  the  treaty  of  peace  and 
JViciidKliip  roiicluded  at  lireuville,  on  the  .id  day  of  August,  179;), 
I'oiHcen  the  United  Statcx  and  the  nations  ur  tribes  of  Indians 
culled  the  Vvyaudots,  Dtslttwaies,  Shawauecs, Oltuwas.  Chippo- 


■I  '     '  ' 


*«■ 


Jay's  Treaty* 


Sf 


eaty,  except 

been  ratifi- 
d  States,  by 
the  respec- 
ig  and  obli- 
skatl  be  by 
^tuality,  and 
t  will  be  ex- 
and  obviate 
to  this  trea* 
eumstances) 
parties  will) 
ich  articles, 
at  they  may 
mutual  sat- 
Lfter  having 
>art  of  this 
isters  Pleni- 
lin,  and  the 
Treaty ,  an«l 
i. 
member,  one 

(Seal.) 
(Seal.) 

>en  the  said 

the  twelfth 

lis  said  Ala- 

the  United 

iner  and  uu 

ipcnded. 

tide  of  the 

(led  at  Loii- 

ilaiinic  raa- 

eed,  that  it 

and  tu  the 

dwelling  uu 

ty  of  Peaet; 

id  or  iulaiul 

s  of  the  two 

ay  company 

tind   waters 

th  each  oth« 

in  the  tirst 

f peace  and 

igust,  1794>, 

of  Indiaiisi 

is.  C hippo- 


was,  Pattawatimies,  Miamies,  Elkias,  it  was  stipulated,  that  no 

(lerson  should  be  permitted  to  reside  at  any  of  the  towns  or  hunt- 
ng  camps  of  the  said  Indian  tribes  as  a  trader,  who  is  not  fur- 
nished with  a  license  for  that  purpose,  under  the  authority  of  the 
United  States,  which  latter  stipulation  has  excited  doubts  wheth- 
er in  its  operation  it  may  not  interfere  with  the  due  execution  of 
the  said  article  of  the  Treaty  of  Amity,  Commerce,  and  naviga- 
tion ;  and  it  being  the  sincere  desire  of  his  Britannic  Majesty,  and 
of  the  United  States,  that  this  point  «houId  be  so  explained  as  to 
remove  all  doubts,  and  to  promote  mutual  satisfaction  and  friend> 
ship  ;  and  for  this  purpose  his  Britannic  Majesty  having  named 
for  his  Commissioner,  Phineas  Bond,  Esq.  his  Majesty's  consul 
general  for  the  middle  and  southern  states  of  America  (and  his 
Majesty's  charge  d*affairs  to  the  United  States)  and  the  President 
of  the  United  States  having  named  for  their  Commissioner,  Tim- 
othy Pickering,  Esq.  Secr-^tary  of  State  for  the  United  States, 
to  whom,  agreeably  to  the  laws  of  the  United  States,  be  has  in- 
trusted this  negociation. 

They  the  said  Commis8ioners,*having  communicated  (to  each 
other  their  full  powers,  have,  in  virtue  of  the  same,  and  conform- 
ably to  the  spirit  of  the  last  article  of  the  said  Treaty  of  Amity, 
Commerce,  and  Navigation,  entered  into  this  explanatory  article, 
and  now,  by  these  presents,  explicitly  agree  and  declare,  that  no 
stipulations  in  any  treaty  subsequently  concluded  by  either  of  the 
contracting  parties  with  any  other  state  or  nation,  or  with  any 
Indian  tribe,  can  be  understood  to  derogate  in  any  manner  from 
the  rights  and  free  intercourse  and  commerce  secured  by  the  afore- 
said third  article  of  the  treaty  to  the  subjects  of  his  Majesty,  and 
to  the  citizens  of  the  United  States,  and  Indians  dwelling  on  eith- 
er side  of  the  boundary  line  aforesaid ;  but  that  all  the  said  per- 
sons shall  remain  at  full  liberty  freely  to  pass  and  repfiss,  by  land 
or  inland  navigation,  into  the  respective  territories  and  countries 
of  the  contracting  parties,  on  either  side  of  the  said  boundary  line, 
and  freely  tu  carry  on  trade  and  commerce  with  each  other,  ac- 
cording to  the  stipulatio.ts  of  the  said  third  article  of  the  Treaty 
of  Amity,  Commerce,  and  Navigation.  This  explanatory  arti- 
cle, when  the  same  shall  have  been  ratified  by  his  Majesty,  and 
by  the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  th^^  respective  ratifications  mutually 
exchanged,  shall  be  added  to  make  a  part  of  the  said  Treaty  of 
Amity,  Commerce,  and  Navigation,  and  shall  be  permanently 
binding  upon  his  Majesty  and  the  United  States. 

In  witness  whereof,  we  the  said  Commissioners  of  his  Majesty 

the  King  of  Great  Britain  and  the  United  States  of  America, 

have  signed  this  explanatory  article,  and  thereto  affixed  our  seals. 

Done  at  Philadelphia,  this  fourth  day  of  May,  in  the  year  of 

our  Lord  one  thousand  seven  hundred  and  ninety-six. 

P.  BOND.  (Seal.) 

T.  PICKERING.      (Seal.) 


'■•^: 


Hf  ,» 


#•:» 


-  ■_-■  ^^  \  j*-**^  ^  - 


CONVENTION. 


i:  ..' 


Conyention^  or  Treaty  betweea  the  United  States  and 
Great  Britain^  returned  unratified  by  Mr.  Jefferson^ 
in  1803. 

IN  order  that  the  boundaries  between  the  territories  of  his  Bri- 
tannie  Majesty,  and  those  of  the  United  States  of  America  may 
be  more  precisely  ascertained  and  determined  than  has  hitherto 
been  done,  the  parlies  have  respectively  named  their  plenipoten- 
tiaries and  given  them  full  power  to  negociate  and  conclude  a 
convention  for  this  purpose,  that  is  to  say,  his  Britannic  Majes- 
ty has  named  for  his  Plenipotentiary,  the  Right  Honourable  Rob- 
ert Banks  Johnson,  (commonly  called  Lord  Hawkesbury)  pne  of 
His  Majesty's  most  honourable  Privy  Council  and  his  principal 
Secretary  of  State  for  foreign  affairs,  and  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  has  appointed  for  their  Plenipotentiary,  Rufus  King,  Esq. 
their  Minister  Plenipotentiary  to  his  said  Majesty,  who  have  a- 
greed  upon  and  concluded  the  following  articles  : 

Art.  I.  The  line  herein  after  described,  shall  and  hereby  is 
declared  to  be  the  boundary  betweeii  the  mouth  of  the  river  St. 
Croix  and  the  bay  of  Fundy,  that  .s  to  say, — a  line  beginning  in 
the  middle  of  the  channel  of  the  river  St.  Croix  at  its  mouth,  as 
the  same  has  been  ascertained  by  the  Commissioners  appointed 
for  that  purpose,  thence  direct  to  the  middle  of  the  channel  be- 
tween Point  Pleasant  and  Deer  Island  :  thence  through  the  mid- 
dle of  the  channel  between  Deer  Island  on  the  east  and  north,  and 
Moose  Island  and  Campo  Bello  Island  on  the  west  and  south,  and 
round  the  eastern  point  of  Campo  Bello  Island  to  the  Bay  of  Fun- 
dy. And  all  the  islands  and  waters  northward  and  eastward  of 
the  said  boundary,  together  with  the  island  of  Campo  Bello  situ- 
ate to  the  southward  thereof,  are  hereby  declared  to  be  within 
the  jurisdiction  and  part  of  his  Majesty's  Provinces  of  New 
Brunswick,  and  the  islands  and  waters  southward  and  westward 
of  the  said  boundary,  except  only  the  island  of  Campo  Bello,  arc 
hereby  declared  to  be  within  the  jurisdiction  and  part  of  Massa- 
ehnsetts,  one  of  the  said  United  States. 

AuT.  II.  Whereas  it  has  become  expedient  that  the  northwest 
angle  of  Nova  Wcotia;  mentioned  and  described  in  the  treaty  of 


*^ 


Convention^ 


m 


p«ace,  between  his  Majesty  and  the  United  States,  should  be  as- 
certained  and  determined,  and  that  the  line  between  the  source 
of  the  river  St.  Croix  and  the  said  north  west  angle  of  Nova  Sco- 
tia, should  be  run  and  marked  according  to  the  provisions  of  the 
said  treaty  of  peace,  it  is  agreed,  that  for  this  purpose  commis- 
sioners shall  be  appointed  in  the  following  manner,  viz.  one  com- 
missioner shall  be  named  by  his  Majesty,  and  one  by  the  President 
of  the  United  States,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate thereof;  and  the  said  two  Commissioners  shall  agree  in  the 
choice  of  a  third  j  or  if  they  cannot  agree,  they  shall  each  pro- 
pose one  person,  and  of  the  two  names  so  proposed,  one  shall  be 
taken  by  lot  in  the  presence  of  the  two  original  commissioners  ; 
and  the  three  commissioners  so  appointed  shall  be  sworn  impar- 
tially to  ascertain  and  determine  the  said  northwest  angle  of  No- 
va Scotia,  pursuant  to  the  provisions  of  the  said  treaty  of  peace ; 
antl  likewise  to  cause  the  said  boundary  line  between  the  source 
of  the  river  St.  Croix,  as  the  same  has  been  determined  by  the 
commissioners  appointed  for  that  purpose,  and  the  northwest  angle 
of  Nova  Scotia,  to  be  run  and  marked  according  to  the  provisions 
of  the  treaty  aforesaid ;  the  said  commissioners  shall  meet  at  Bos- 
ton and  have  power  to  adjourn  to  such  other  placeorplaeesas  they 
shall  think  tit ,  they  shall  have  power  to  appoint  a  Secretary,  and 
employ  such  surveyors  and  other  assistants  as  they  shall  judge 
necessary  j  (he  said  commissioners  shall  draw  up  a  report  of 
their  proceedings,  which  shall  describe  the  line  aforesaid,  and 
particularize  the  latitude  and  longitude  of  the  place  ascertained 
and  determined  on  as  aforesaid,  to  be  the  north  west  angle  of 
Nova  Scotia ;  the  duplicates  of  which  report  under  the  hands  and 
seals  of  the  said  commissioners,  (or  of  a  majority  of  them)  togeth- 
er with  duplicates  of  their  accounts,  shall  be  delivered  to  such 
persons  as  may  be  severally  authorised  to  receive  the  same  in  be- 
half of  their  respective  governments,  and  the  decisions  and  pro- 
ceedings of  the  said  commissioners,  or  a  majority  of  them  made 
and  had  a:^  aforesaid,  shall  bo  final  and  conclusive. 

Art.  ill.  It  is  further  agreed  that  the  said  commissioners,  af- 
ter they  shall  have  executed  the  duties  assigned  them  in  the  pre- 
ceding article,  shall  be,  and  thev  hereby  are  authorized  upon 
their  oaths  impartiully  to  ascertain  and  determine  the  northwest- 
ernmost  head  of  Connecticut  river,  according  to  the  provision  of 
the  aforesaid  treaty  of  peace,  and  likewise  to  cause  the  boundary 
line  described  in  the  said  treaty  of  peace,  between  the  northwest- 
ernmost  angle  of  Nova  Scotia  and  the  said  northwesternmost 
head  of  Connecticut  river,  to  be  run  and  marked  pursuant  to  the 
provisions  of  the  said  treaty  ;  the  said  commissioners  shall  meet 
at  Boston  and  shall  have  power  to  adjourn  to  such  place  or  placet 
as  they  shall  think  fi^ ;  they  shall  have  newer  to  apppoint  a  secre- 
tary, and  employ  such  surveyors  and  other  assistants  as  they  shall 
judge  ne«e8sary ;  th^  said  commissioners  &hatl  draw  up  a  report 


S8 


Convention, 


of  their  prueeedings,  which  shall  describe  the  boundary  line  afore- 
said; ana  particularize  the  latitude  and  longitude  of  the  northwea- 
temmofit  head  of  Connecticut  river ;  duplieatea  of  which  report 
under  the  hands  and  seal  of  the  said  commissioners,  or  of  a  ma- 
jority of  them*  together  with  duplicates  of  their  accounts,  shall  be 
delivered  to  such  persons  as  may  be  severally  authorized  to  re- 
ceive the  same  in  behalf  of  their  respective  governments ;  and 
the  decision  and  proceedings  of  the  said  commissioners,  or  of  a 
majority  of  them,  made  and  had  as  aforesaid,  shall  be  final  and 
conclusive. 

Art.  IV.  It  is  further  agreed,  that  the  aforesaid  commission- 
ers shall  be  respectively  paid  in  sucli  a  manner  as  shall  be  agreed 
between  the  two  parties  j  such  agreement  to  he  settled  at  the 
time  of  the  exchange  of  the  ratification  of  this  Convention  ;  and 
all  other  expenses  incurred  by  the  said  commissioners ;  and  in 
case  of  the  death,  sickoeis,  or  necessary  absence,  the  place  of  any 
commissioner  shall  be  supplied  in  the  same  manner  as  such  com- 
missioner was  appointed ;  and  the  new  cummissiouer  shall  take 
the  same  oath,  and  do  tlie  same  duties. 

Art.  V.  Whereas  it  is  uncertain  whether  the  river  Missis- 
sippi extends  so  far  to  the  northward  as  to  be  intersected  by  a  line 
drawn  due  west  from  the  Lake  of  the  Woods,  in  the  manner  men- 
tioned in  the  Treaty  of  Peace  between  his  Majesty  and  the  Uni- 
ted States  ;  it  is  agreed,  that  instead  of  the  said  line,  the  boun- 
dary of  the  United  States  in  this  quarter  shall  and  is  hereby  de- 
clared to  be  the  shortest  line  which  can  be  drawn  between  the 
northwest  point  of  the  Lake  of  the  Woods  and  the  nearest  source 
of  the  river  Mississippi ;  and  for  the  purpose  of  ascertaining  and 
determining  the  north  west  point  of  the  Lake  of  the  Woods,  and 
the  source  of  the  river  Mississippi,  that  may  be  nearest  to  the 
said  north  west  point,  as  well  as  for  the  purpose  of  running  and 
marking  the  said  boundary  line  between  the  same,  three  commis- 
sioners, upon  the  demand  of  either  government,  shall  be  appoint- 
ed and  authorized  upon  their  oaths  to  act;  and  their  compensa- 
tion and  expenses  shall  bo  ascertained  and  paid,  and  vacancies 
supplied  in  the  manner  provided  in  respect  to  the  commissioners 
mentioned  in  the  preceding  articles  ;  and  the  decisions  and  pro- 
ceeding of  the  said  conimis$j'ioner$,or  of  a  majority  of  them,  made 
and  had  pursuant  to  this  convention,  shall  be  final  and  conclusive. 

In  faith  whereof,  we  the  undersigned  Ministers  Pleuipotentiarjn 
of  his  Britanie  Majesty,  and  of  the  United  States  of  America, 
have  signed  this  present  convention,  and  caused  to  be  affixed 
thereto  the  Heals  of  our  arms. 

Done  at  London,  this  twelfth  day  of  May,  one  thousand 
eight  hundred  and  three. 

(Signed)        HAWKESBURY.        (L.   S.) 
RUFUS  KING.  (L.  S.) 


•*•> 


MONROE  AND  PINKNEY'S  TREATY. 


TREATY  of  Amity,  Commerce  and  Navigation  be- 
tween his  Britannic  Majesty  and  the  United  States 
of  America.* 


;e  commis- 


HIS  Britannic  Majesty  and  tJie  United  States  of  America, 
being  equally  desirous  to  promote  and  perpetuate  the  good  un- 
derstanding and  friendship  which  happily  subsist  between  the 
subjects  of  the  united  kingdom  and  the  citizens  of  the  United 
States,  and  for  that  purpose  to  reguJate  the  commerce  and  navi- 
gation, between  their  respective  countries,  territories,  and  people 
on  the  basis  of  reciprocity  and  mutual  convenience*  have  respec- 
tively named  their  plenipotentiaries,  and  have  given  to  them  full 
powers  to  make  and  conclude  a  treaty  of  amity,  navigation  and 
commerce,  that  is  to  say,  his  Britannic  Majesty  has  named  for 
his  plenipotentiaries,  Henry  Richard  Vassali  lord  Holland,  one  of 
his  majesty's  privy  council,  and  lord  keeper  of  his  majesty's  pri- 
vy seal^  and  William  lord  Auckland,  one  of  his  majesty's  privy 
council  and  president  of  the  committee  of  council  for  all  matters 
of  trade  and  foreisn  plantations :  and  the  president  of  the  United 
States,  by  and  with  the  advice  of  the  senate  thereof,  hath  ap- 

fointed  for  their  plenipotentiaries,  James  Monroe  and  William 
'inkney,  commissioners  extraordinary  and  plenipotentiaries; 
who,  afier  having  exchanged  their  respective  full  powers,  have  a- 
greed  on  the  following  articles. 

Article  I.  There  shall  be  a  6rm,  inviolable  and  universal 
peace,  and  a  true  and  sincere  friendship  between  his  Britan- 
nic majesty,  his  heirs  and  successors,  and  the  United  States  of 
America,  and  between  their  respective  countries,  territories,  cit- 
ies, towns  and  people,  of  every  degree,  without  exception  of  per- 
sons or  places. 

Art.  II.  It  is  agreed  that  the  several  articles  of  the  treaty  of 
amity,  commerce  and  navigation,  between  his  majesty  and  the 
United  States,  made  at  London,  on  the  19th  da^  of  November, 
1794,  which  have  not  expired,  nor  as  yet  had  their  full  operation 
and  etfect,  shall  be  confirmed  in  their  best  form,  and  in  their  full 

•  This  Treaty  was  not  ratified.  President  JsFFKBSoir  rejected  it  without 
submittiiifj^  it  tu  the  consideration  of  the  Sertate. 

( 


.'1 


30 


Monroe  and  Pinkney*a  Treaty. 


tenor  ;  and  that  the  contracting  parties  will  also  from  \iva»  ta 
time  enter  into  friendly  explanations  on  the  subject  of  the  said 
articles*  for  the  purpose  of  removing  all  such  doubts  as  may  arise 
or  may  have  arisen  as  to  the  true  import  of  the  same,  as  well  at 
for  the  purpose  of  renderini^  the  said  articles  more  conformable 
to  their  mutual  wishes  and  convenience. 

Aht.  III.     His  Majesty  agrees  that  the  vessels  belonging  to 
the  United  States  of  America,  und  sailing  direct  from  the  ports 
of  the  said  states,  shall    be  udmittcMl  and    hospitably   received* 
in  all   the   sea-ports  and   harbors  of  the   British   dominions    in 
the   East-Indies.       And  that  the  citizens  of  the   said    United 
States,  may  freely  carry  on  a  trade  between  the  said  territories 
and  the  said  United  States,  in  all  articles  of  which  the  impor- 
tation or  exportation  respectively,  to  or  from  the   said  territo- 
ries, shall   not  be  entirely  prohibited.     Provided  only,   that  it 
Mhall  not  be  lawful  for  them, in  aiiy  time   of  war  between  the 
British  government  and  any  other  power  or  state  whatever,  to  ex- 
port from  the  said  territories,  without  the  special  permission  of 
the  British  government  there,  any  military  stores,  or  naval  stores, 
or  rice.     The  citizens  of  the  United  States  shall   pay  for   their 
vessels,  when  admitted  into  the  said  ports,  no  other  or  higher  ton- 
nage  than  shall  be  payable  on  British  vessels,  when  admitted 
into  the  ports  of  the  United  States.    And  they  thall  pay  no 
higher  or  other  duties  or  charges,  on  the  importation  or  export-, 
ation  of  the  cargoes  of  the  taid  vessels,  than  sh^|l  be  payable  on 
the  same  articles  when  imported  or  e](ported  in  British  vessels. 
But  it  is  expressly  agreed,  that  the  vessels  of  the  United  States 
■hall  not  carry  any  of  the  articles  exported  by  them  from  the  said 
British  territories,  to  any  port  or  place,  except  to  some  port  or 
place  in  America,  where  the  same  shall  be  unladen,  and  such  reg- 
ulations shall  be  adopted  by  both  parties,as  shall  from  time  to  time 
be  fouml  lieoessc  ry  to  enforce  the  due  and  faithful  observance  of 
thik  stipulation.     It  is  abo  understood  that  the  permission  grant- 
ed by  this  article,  is  not  to  extend  to  allow  the  vessels  of  the  Unit- 
ed States  to  carry  on  any  part  of  the  coasting  trade  of  the  said 
British  territories ;  but  vessels  going  with  their  original  cargoes, 
or  part  thereof,  from  one  port  of  discharge  to  another,  are  not  to 
be  considered  as  carrying  on  the  coasting  trade.     Neither  is  this 
article  to  be  construed  to  allow  the  citizens  of  the  said  states  to 
settle  or  reside  within  the  said  lerritorieji,  or  to  go  into  the  in- 
terior parts  thereof,  without  the  permission  uf  the  British  govern- 
ment established  there  ;  and  if  any  transgressions  should  be  at- 
tempted against  the  regulations  of  the  British  government  in  this 
respect,  the  observance  of  the  sa^iie  shall  and  may  be  enforced  a- 
gainst  the  citixensgf  America   in  the   sani>  iir<  jner  as  against 
British  i^ubjects,  or  others  transgressins;  the  i>ume  rule.     And  tln> 
eitizens  of  the   United  States,  whtneviir  they  arrive  in  any  port 
or  harbor  in  the  said  territories,  or  if  they  should  be  permitted  in 


Monroe  and  PinJcney^s  Treaty, 


81 


manner  aforesaid,  to  go  to  any  other  place  therein,  shall  always  he 
snbjeet  to  the  laws,governnient  and  jiirisdietion  of  whatever  nature 
established  in  saeh  harbor,  port  or  place,  aeeording  as  the  same 
may  be.  The  citizens  of  the  United  States  may  also  touch  for  re- 
freshment at  the  island  of  St.  Helena,  but  subject  in  all  respects 
to  such  regulations  as  the  British  government  may  from  time 
to  time  establish  there. 

Akt.  IV.    There  shall  be  between  all  the  dominions  of  hii 
majesty  in  Europe  and  the  territories  of  the  United  States,  a  re- 
ciprocal and  perfect  liberty  of  commerce  and  navigation.    The 
people  and  inhabitants  of  the  two  countries  respectively  shall 
have  liberty,  freely  and  securely,  and  without  hindrance  and  mo- 
lestation, to  come  with  their  ships  and  cargoes  to  the  lands,  coun- 
tries, cities,  ports,  places  and  rivers,  within  the  dominions  and 
territories  aforesaid,  to  enter  into  the  same,  to  resort  there,  and 
to  remain  and  reside  there,  without  any  limitation  of  time;  also 
to  hire  and  possess  houses,  and  warehouses,  fur  the  purposes  of 
their  commerce  ;  and  generally,  the  merchants  and  traders  on 
each  side  shall  enjoy  the  most  complete  protection  and  security 
for  their  commerce,  but  subject  always,  as  to  what  respects  this 
article,  to  the  laws  and  statutes  of  the  two  countries  respectively. 
AuT.  V.     It  is  agreed,  that  no  other  or  higher  duties  shall 
be  paid  by  the  ships  or  merchandize  of  the  one  party  in  the  ports 
of  the  other,  than  such  as  are  paid  by  the  like  vessels  or  merchan- 
dize of  all  other  nations.     Nor  shall  any  other  or  higher  duty  be 
imposed,  in  one  country,  on  the  importation  of  any  articles  of  the 
growth,  produce,  or  manufiicture  of  the  other,  than  are  or  shall 
be  payable  on  the  importation  of  the  like  articles  being  of  the 
growth,  produce,  or  manufacture  of  any  other  foreign  country.— 
Nor  shall  any  prohibition  be  imposed  on  the  exportation  or  im- 
portation of  any  articles  to  or  from  the  territories  of  the  two  par- 
ties respectively,  which  shall  not  equally  extend  to  all  other  na- 
tions. 

But  the  British  government  reserves  to  itself  the  right  of  im- 
posing on  American  vessels  entering  into  the  British  ports  in 
Europe,  a  tonnage  duty  equal  to  that  which  shall  at  any  time  bo 
payable  by  British  vessels  in  the  ports  of  America,  and  the 
government  of  the  United  States  reserves  to  itself  a  right  of  im- 

Sosing  on  British  vessels,  entering  into  the  ports  of  the  United 
tates,  a  tonnage  duty  equal  to  that  which  shall  at  any  time  be 
payable  by  American  vessels  in  the  British  ports  in  Europe. 

It  is  agreed  that  in  the  trade  of  the  two  countries  with  each 
other,  the  same  duties  of  exportation  and  importation  on  all  goods 
and  merchandise,  and  also  the  same  drawbacks  and  bounties  shall 
be  paid  and  allowed  in  either  country,  whether  such  importation 
or  exportation  shall  be  in  British  or  American  vessels. 

Art.  VI.  The  high  contracting  parties  nft  having  been  able 
to  arrange  at  present  by  treaty,  any  commercial  intersoursu  be- 


33 


Monroe  arid  Vinkn^ft  Treaty* 


tween  the  ferrituries  of  the  United  States  and  hii  majesty's 
islands,  and  ports  in  the  West-Indies,  agree -that  until  that  suk- 
jeet  shall  he  regulatied  in  a  satisfactory  manner,  each  of  the  par* 
ties  shall  remain  in  the  complete  possession  of  its  rights,  in  re* 
spect  to  such  an  intereoursci 

Art.  YII.  It  shall  be  free  for  the  two  enntracting  parties, 
respectively  to  appoint  Consuls  for  the  protection  of  trade,  to 
reside  in  the  dominions  and  territories  aforesaid ;  and  the  said 
Consuls  shall  enjoy  those  liberties  and  rights  which  belong  to  them 
hy  reason  of  their  function.  But  before  any  Consul  shall  act  as 
such,  he  shall  be  in  the  usaal  forms  approved  and  admitted  by  the 
party  to  whom  he  is  sent ;  and  it  is  hereby  declared  to  be  lawful 
and  proper,  that,  in  case  of  illegal  or  improper  conduct  towards 
the  laws  or  government,a  Consul  may  either  be  punished  according 
to  law,  if  the  laws  will  reach  the  case,  or  be  dismissed,  or  even 
sent  back,  the  oflPended  government  assigning  to  the  other  their 
reasons  for  the  same. 

Either  of  the  parties  may  exeept  from  the  residence  of  Consuls 
such  particular  places,  as  such  party  shall  judge  proper  to  be  so 
excepted. 

Art.  VIII.  It  is  agreed,  that  in  all  cases  where  vessels  shall 
be  captured  or  detained  on  just  suspicion  of  having  on  board  ene- 
my's property,  or  of  carrying  to  the  enemy  any  of  the  articles 
which  are  contraband  of  war,  or  for  other  lawful  cause,  the  said 
vessel  shall  be  brought  to  the  nearest  or  most  convenient  port  ; 
and  if  any  property  of  an  enemy  should  be  found  on  board  such 
vessel,  that  part  only  which  belongs  to  the  enemy,  or  is  otherwise 
cottiiscable,  shall  be  made  prize,  and  the  vessel,  unless  by  law  sub- 
ject to  condemnation,  shall  be  at  liberty  to  proceed  with  the  re- 
mainder of  the  cargo  without  any  impediment.  And  it  is  agreed, 
that  all  proper  measures  shall  be  taken  to  prevent  delay,  in  de- 
ciding the  cases  of  ships  or  cargoes  so  brought  in  for  adjudica- 
tion J  and  in  the  payment  or  recovery  of  any  indemnification, 
adjudged  or  agreed  to  be  paid  to  the  master  or  owner  of  such 
ships. 

It  is  also  agreed  that  in  all  cases  of  unfounded  detention  or 
other  contravention  of  the  regulations  stipulated  by  the  present 
treaty,  the  owners  of  the  vessel  and  cargo  so  detained  shall  be  al- 
lowed damages  proportioned  to  the  loss  occasioned  thereby,  to> 
gether  with  tlie  costs  and  charges  of  the  trial. 

Art.  IX.  In  order  to  regulate  what  is  in  future  to  be  esteem- 
ed contraband  of  war,  it  is  agreed  that  under  the  said  denomina- 
tion shall  be  comprised  all  arms  and  implements  serving  for  the 
purposes  of  war,  by  land  or  by  sea,  such  as  cannon,  muskets,  mor- 
tars, petards,  bomb»,  grenadues,  carcasses,  saucisses,  carriages 
for  cannon,  musket  rests,  bandoliers,  gun  powder,  matches,  salt- 
petre, balls,  pikes,  swords,  head-i^ieces,  cuirasses,  halberts,  lan- 
ces, javeluis,  horse  furniture,  holsters.  btll«,  aud  generally  all 


Monroe  and  PinJeney^a  Treatyi 


8» 


bth^r  implements  of  war  ;  as  also  timber  for  ship  buildin;;,  cop^ 
per  in  sheets,  sail  cloth,  hemp,  and  eordage,  and  in  general  (with 
the  exception  of  unwrought  iron  and  fir  planks ;  and  also  with 
the  exception  of  tar  and  pitch,  when  not  going  to  a  por'  '  naval 
equipment,  in  which  case  they  shall  be  entitled  to  pre-euption) 
whatever  may  serve  directly  to  the  equipment  of  vessels ;  and  all 
the  above  articles  are  hereby  declared  to  be  just  objects  of  confis- 
cation, whenever  they  are  attempted  to  be  carried  to  an  enemy. 
But  no  vessel  shall  be  detained  on  pretence  of  carrying  contra- 
band of  war  ;  unless  some  of  the  above  mehtioned  articles,  not 
excepted,  are  found  on  board  of  the  said  vessel  at  the  time  it  is 
searched. 

Art,  X.  Whereas  ih  consideration  of  the  distance  and  of  oth- 
er circumstances  incident  to  the  situation  of  the  high  contracting 
parties,  it  may  frequently  happen  that  vessels  may  sail  for  a  port 
or  place,  belonging  to  an  enemy,  without  knowing  that  the  same 
is  either  besieged,  blockaded,  or  invested ;  it  is  agreed,  that  every 
vessel  so  circumstanced,  may  be  turned  away  from  such  port  or 
place,  but  she  shall  not  be  detained,  nor  her  cargo,  if  not  contra- 
band, be  confiscated,  unless  after  such  notice  she  shall  again  at- 
tempt to  enter ;  but  she  shall  be  permitted  to  go  to  any  other  port 
or  place  she  may  think  proper :  Nor  shall  any  vessel  or  goods  of 
either  party,  that  may  have  entered  into  such  port  or  place,  be- 
fore the  same  was  besieged,  blockaded  or  invested  by  the  other, 
and  be  found  therein  after  the  reduction  or  surrender  of  such  place, 
be  liable  to  confiscation,  but  shall  be  restored  to  the  owners  or 
proprietors  thereof. 

Neither  of  the  parties  when  at  war,  shall^  during  the  continu- 
ance of  the  treaty,  take  from  on  board  the  vessels  of  the  other, 
the  subjects  of  the  opposite  belligerent,  unless  they  be  in  the  ac- 
tual employment  of  such  belligereut. 

Art.  XI.  Whereas  diiferences  have  arisen  concerning  the 
trading  with  the  colonies  of  his  majesty's  enemies,  and  the  in- 
structions given  by  his  majesty  to  his  cruisers  in  regard  thereto, 
it  is  agreed  that  during  the  present  hostilities  all  articles  of  the 
growth,  produce  and  manufacture  of  Europe,  not  being  contra- 
band of  war,  may  be  freely  carried  from  the  United  States  to  the 
port  of  any  colony,  not  blockaded,  belonging  to  his  majesty's  eu- 
mies,  provided  that  such  goods  shall  previously  have  been  enter- 
ed and  landed  in  the  United  States,  and  shall  have  paid  the  ordi- 
nary duties  on  such  articles  so  imported  for  home  consumption, 
and  on  re-exportation  shall  after  the  drawback  remain  subject  to 
a  duty  equivalent  to  not  less  than  one  per  cent,  ad  valorem,  and 
that  the  said  goods  and  the  vessels  conveying  the  same  shall, 
from  the  time  of  their  clearance  from  the  American  port,  be  bona 
fide  the  property  of  citizens  and  inhabitants  of  the  United  States; 
and  in  like  manner  that  all  articles  not  being  contraband  of  war, 
and  being  thw  growth  and  produce  of  the  snemy's  colonics,  may 


84> 


Monroe  and  Pinkney^s  Treaty. 


be  brought  to  the  United  States,  and  after  having  been  thei* 
landed,  may  be  freely  carried  from  ihence  to  any  port  of  Europe, 
not  blockaded,  provided  such  goods  shall  previously  have  been 
0ntere4  and  landed  in  the  said  United  States,  and  shall  have  paid 
the  ordinary  duties  on  colonial  articles  so  imported  for  home  con- 
■umption,  and  on  re-exportation  shall,  afterthe  drawback,  remain 
subiect  to  a  duty  equivalent  to  not  less  than  two  per  cent,  ad  va- 
lorem ;  and  provided  that  the  said  goods,  and  the  yesssi  convey- 
ing the  same,  be  bona  fide  the  property  of  citizens  and  inhabit- 
ants of  the  United  States. 

Provided  always,  that  this  article,  or  any  thin^  therein  con- 
tained, shall  not  operate  to  the  prejudice  of  any  right  belonging 
to  either  party,  but  that  after  the  expiration  of  the  time  limited 
for  the  article,  the  rights  on  both  sides  shall  revive  and  be  in 

full  force. 

Art.  XII.  And  whereas  it  is  expedient  to  make  special  pro- 
visions respecting  the  maritime  jurisdiction  of  the  high  contract- 
ing parties  on  the  coasts  of  their  respective  possessions  in  North 
America,  on  account  of  peculiar  circumstances  belonging  to  those 
coasts,  it  is  agreed  that  in  all  eases  where  one  of  the  said  high 
aontraeting  parties  shall  be  engaged  in  war  auJ  the  other  shall  be 
at  peace,  the  belligerent  power  shall  not  stop,  except  for  the  pur- 
pose hereafter  mentioned,  the  vessels  of  the  neutral  power,  or  the 
unarmed  vessels  of  other  uations,  within  five  marine  miles  from 
the  shore  belonging  to  the  said  neutral  power  on  the  American 


seas. 


Provided  that  the  said  stipulations  shall  not  take  eflTeet  in  fa- 
vor of  the  ships  of  any  nation  or  nations,  which  shall  not  hav« 
agreed  to  respect  the  limit  afores&i  *,  as  the  line  of  maritime  jur- 
isdiction, of  the  said  neutral  state.  And  it  is  further  stipulated, 
that  if  either  of  the  high  contracting  parties  shall  be  at  war  with 
any  nation  or  nations,  which  shall  not  have  agreed  to  respect  the 
said  special  limit  or  line  of  maritime  jurisdiction  herein  agreed 
upon,  such  contracting  party  shall  have  the  rii^ht  to  stop  or  search 
any  vessel  beyond  the  limit  of  a  cannon  shut-  or  three  marine 
miles  from  the  said  coasts  of  the  neutral  power,  fur  the  purpose 
of  ascertaining  the  nation  to  which  such  vessel  shall  belong;  and 
ivith  respect  to  the  ships  and  the  property  of  the  nation  or  nations 
not  having  agreed  to  respect  the  aforesaid  line  of  jurisdiction,  tht 
belligerent  power  shall  exercise  the  same  rights  as  if  this  article 
did  not  exist;  and  the  several  provisions  stipulated  by  this  arti- 
cle  shall  have  full  force  and  eft'ect  only  during  the  continuance  of 
the  present  treatv. 

Art.  XIII.  With  respect  to  the  searching  of  merchant  ships, 
the  commanders  of  tthips  of  war  and  privateers  shall  conduct 
themselves  as  favorably  as  the  course  of  the  war  then  existing 
may  poj^sibly  permit  towards  the  most  friendly  power  that  may 
remain  usuier,  observing  as  much  as  possible  the  acknowledged 


Monroe  and  Pinkney^a  Treaty, 


9i 


principles  and  rules  of  the  law  of  nations ;  and  for  the  brtter  se 
eurity  of  the  respective  subjects  and  citizen^  of  the  contracting 
parties,  and  (o  prevent  their  suffering  injuries  by  the  men  of  war 
or  privateers  of  either  party,  all  commanders  of  ships  of  war  and 

Srivateers,  and  all  others  the  said  subjects  and  citizens,  shall  for- 
ear  doing  any  damage  to  those  of  the  other  party,  or  committing 
any  outrage  against  them ;  and  if  they  act  to  the  contrary,  they 
shall  be  punisned,  and  shall  also  be  bound  in  their  persons  and 
estates  to  make  satisfaction  and  reparation  for  all  damages,  and 
the  interest  thereof,  of  whatever  nature  the  damages  may  be. 

For  this  cause  all  commanders  of  privateers,  before  they  receive 
their  commissions,  shall  hereafter  be  compelled  to  give  before  a 
competent  judge,  sufficient  security,  by  at  least  two  responsible 
sureties,  who  have  no  inttrest  in  the  said  privateer,  each  of  whom, 
together  with  the  said  commander,  shall  be  jointly  and  severally 
bound  in  the  sum  of  two  thousand  pounds  sterling,  or  if  such 
ships  be  provided  with  above  one  hundred  and  fifty  seamen  or 
soldiers,  in  the  sum  of  four  thousand  pounds  sterling,  to  satisfy 
all  damages  and  injuries,  which  the  said  privateer,  or  her  officers 
or  men,  or  any  of  (hem  may  do  or  cusiimit  during  their  cruise, 
contrary  to  the  tenor  of  this  Treaty,  or  to  the  laws  and  instruc* 
tious  for  regulating  their  conduct ;  and  further,  that  in  ail  cases 
of  aggressions,!  he  i^aid  commissions  shall  be  revoked  and  annulled. 
It  is  also  ugieed,  (hat  whenever.a  judge  of  a  court  of  admiralty 
of  either  of  the  parties,  shall  pronounce  sentence  against  any 
vessel,  or  goodi^  or  property  belonging  to  the  subjects  or  citizens 
of  the  other  party,  a  formal  and  duly  authenticated  copy  of  all 
the  proceedings  in  the  cause,  and  of  the  said  sentence,  shall,  if 
required,  be  delivered  to  the  commander  of  the  said  vessel,  without 
the  smallest  delay,  he  pa}  ing  all  legal  fee&  and  demands  for  the 

same. 

Art.  XIV.  It  is  further  agreed,  that  both  the  said  contracting 
parties,  shall  not  oiiy  r  fuse  to  receive  any  pirates  into  any  of 
their  ports,  havens,  wr  t.iwns,  or  permit  any  of  their  inhabitants 
to  receive,  protect,  harbour,  conceal  or  assist  them  in  any  manner* 
but  will  bring  to  condign  punishment  all  such  inhabitants  as  shall 
be  guilty  of  such  acts  or  offences. 

And  all  their  ships,  with  the  goods  or  merchandises  taken  by 
them  and  brought  into  the  port  of  either  of  the  said  parties,  shall 
be  seized  as  far  as  they  can  be  discovered,  and  shall  be  restored 
to  the  owners,  or  their  factors  or  agents,  duly  deputed  and  autho- 
rised in  writing  by  theui  (proper  evidence  being  tirst  given  in  the 
court  of  admiralty  for  proving  the  property)  even  in  case  such 
sffects  should  have  passed  into  other  hands  by  sale,  if  it  be  proved 
that  the  buyers  knew,  or  had  good  reason  to  believe,  or  suspect 
that  thev  had  been  piratically  taken.  ,  , 

Art.  'XV.  It  is  likewise  agreed,  that  the  subjects  and  citi- 
ZMis  of  the  two  nations,  shall  not  do  any  acts  of  hostility  or  vio^ 


•» 


Sd 


Monroe  and  PinJeney*s  Treaty. 


lenee  against  each  other,  nor  accept  commissiont  or  instructions 
ao  to  act  from  any  foreign  prince  or  state,  enemies  to  the  other 
party;  nor  shall  the  enemies  of  one  of  the  parties  be  permitted 
to  invite,  or  endeavor  to  enlist  in  their  military  service  any  of  the 
subjects  or  citizens  of  the  other  party  ;  and  the  laws  against  ali 
tuch  offences  and  aggressions,  shall  be  punctually  executed.  And 
if  any  subject  or  citizen  of  the  said  parties  respectively,  shall 
accept  any  foreign  commission,  or  letters  of  marque,  for  arming 
any  vessel  to  act  as  a  privateer  against  the  other  party,  it  is 
hereby  declared  to  be  lawful  for  the  said  party  to  treat  and  pun- 
ish the  said  subject  or  citizen,  having  such  commission  or  letters 
of  marque,  as  a  pirate. 

Art.  XVI.  It  is  expressly  stipulated,  that  neither  of  the  said 
contracting  parties  will  order  or  authorize  any  acts  of  reprizal 
against  the  other,  on  complaint  of  injuries  or  damages,  until  the 
said  party  shall  first  have  presented  to  the  other  a  statement 
thereof,  verified  by  competent  proof  and  evidence,  and  demanded 
justice  and  satisfaction,  and  the  same  shall  either  have  been  re- 
fused or  unreasonably  delayed. 

Art.  XYII.  The  ships  of  war  of  each  of  the  contracting 
parties  shall  at  all  times  he  hospitably  received  in  the  ports  of 
the  other,  their  officers  and  crews  paying  due  respect  to  the  laws 
and  government  of  the  country.  The  officers  shall  be  treated  with 
that  respect  which  is  due  to  the  commissions  which  they  bear, 
and  if  any  insult  should  be  offered  to  them  by  any  of  the  inhabi- 
tants, all  offenders  in  this  respect  shall  be  punished  as  disturbers 
of  the  peace  and  amity  between  the  two  countries. — And  both  con- 
tracting parties  agree,  that  in  ease  any  vessel  of  the  one  should, 
by  stress  of  weather,  danger  from  enemies,  or  other  misfortune, 
be  reduced  to  the  necessity  of  seeking  shelter  in  any  of  the  ports  of 
the  other,  into  which  such  vessel  could  not  in  ordinary  cases  claim 
to  be  admitted,  she  shall,  on  manifesting  that  necessity  to  the  sat- 
isfaction of  the  government  of  the  place,  be  hospitably  received 
^nd  permitted  to  refit,  and  to  purchase  at  the  market  price,  such 
necessaries  as  she  may  stand  in  need  of,conforniabiy  to  such  orders 
and  regulations  as  the  government  of  tbc  place,  haviug  respect  to 
the  circumstances  of  each  case,  shall  prescribe.  She  shall  not 
be  allowed  to  break  bulk  or  unload  her  cargo,  unless  the  same 
shall <be  bona  Jide  necessary  to  her  being  refitted.  Nor  shall  she 
be  obliged  to  pay  any  duties  whatever,  except  only  on  such  arti- 
cles as  she  may  be  permitted  to  sell  for  the  purpose  aforesaid. 

Art.  X  Vlll.  It  shall  not  be  lawful  for  any  foreign  privateers 
(not  being  subjects  or  citizens  of  either  of  the  said  parties)  who 
have  commissions  from  any  power  or  state  in  enmity  with  either 
nation,  to  arm  their  ships  in  the  ports  of  either  of  the  said  par- 
ties, nor  to  sell  what  they  have  taken,  nor  in  any  other  mauner  tu 
exchange  the  same  ;  nor  shall  they  be  allowed  to  purchase  mors 
provisiops,  than  shall  be  necessary  for  their  gsiog  to  the  ncareitt 


Monroe  and  Pinkney'a  Treaty, 


»7 


port  of  that  priuce  or  state  from  vvhom  they  obtained  their  com- 
iniiisioiiH. 

Art  XIX.  It  nhall  be  lawful  for  tho  ships  of  war  and  pri- 
vateers bei.iigin^to  the  said  parties  respectively,  to  carry  whith- 
ersoever tJiey  please,  the  ships  aniW  goods  taken  from  their  ene- 
mies, without  being  obliged  to  pay  any  fees  to  the  officers  of  th« 
adminilfy.  or  to  any  judges  whatever  ;  nor  shall  the  said  prizes 
wheu  tli(  y  arrive  at,  and  enter  the  ports  of  the  said  parties,  be 
detained  or  seized ;  nor  shall  (he  searchers  or  other  officers  of 
those  places  visit  such  prizes  (except  for  the  purpose  of  prevent- 
ing the  carrying  of  any  part  of  the  cargo  thereof  on  shore  in  any 
manner  contrary  to  the  established  laws  of  revenue,  navigation,  or 
eommepce)  nor  shall  such  officers  take  cognizance  of  the  validity 
of  sueh  prizes;  but  they  shall  be  at  liberty  to  hoist  sail,  and  de- 
part as  spe«dily  as  may  be,  and  carry  their  said  prizes  to  the 
place  mentioned  in  their  commissions  or  patents,  which  the  com- 
manders of  the  said  ships  of  war  or  privateers  shall  be  obliged  to 
shew.  No  shelter  or  refuge  shall  be  given  in  their  ports  to  such 
as  have  iiiade  a  prize  upon  the  subjects  or  citizens  of  either  of 
the  said  parties ;  but  if  forced  by  stress  of  weather,  or  the  dan- 

fcrs  of  the  sea,  to  enter  them,  particular  care  shall  be  taken  to 
asten  their  departure,  and  to  cause  them  tp  retire  as  soon  as  pos- 
sible. Nothing  in  this  Treaty  contained  shall,  however,  be  con- 
strued to  operate  contrary  to  former  and  existing  public  treaties 
with  other  sovereigns  or  states.  But  the  two  parties  agree,  that 
while  they  continue  in  amity,  neither  of  them  will,  in  future,  make 
any  treaty  that  shall  be  inconsistent  with  this  or  the  preceding  art- 
ticle.  Neither  of  the  said  parties  shall  permit  the  ships  or  goods 
belonging  to  the  subjects  or  citizens  of  the  other,  to  be  taken  within 
cannon  shot  of  the  coast,  nor  within  the  jurisdiction  described  in 
Art.  12,  so  long  as  the  provisions  of  the  said  article  shall  be  in 
force,  by  ships  of  war,  or  others  having  commissions  from  any 
prince,republic,  or  state  whatever.  But  in  case  it  should  so  hap- 
pen, the  party  whose  territorial  rights  shall  thus  have  beeiL 
violated,  shall  use  his  utmost  endeavours  tO  obtain  from  the  of- 
fending party,  full  and  ample  satisfaction  lor  the  vessel  or  vessels 
so  taken,  whether  the  same  be  vessels  of  war  or  merchant  vessels. 
Akt.  XX.  If,  at  any  time,  a  ruptu^'c  should  take  place 
(which  God  forbid !)  between  his  Majesty  a  id  the  United  States, 
the  merchants  and  others  of  each  of  the  two  nations,  residing  in 
the  dominions  of  the  other,  shall  have  the  privilege  of  remaining 
and  continuing  their  trade,  so  long  as  they  do  it  peaceably  ana 
onmniil  no  otience  against  the  laws ;  and  in  case  their  conduct 
should  render  them  suspected,  and  the  respective  governments 
should  think  proper  to  ord^n-  ihem  to  remove,  the  term  of  twelve 
months  from  the  publication  of  the  order,  shall  be  allowed  them 
for  that  purpose,  to  remove  with  their  families,  effects  and  proper- 
ty ;  but  this  favour  shall  not  be  extended  to  those  who  shall  act 


38 


Manro^  and  Pinkney^s  Treaty, 


contrary  to  the  estublished  laws ;  and  for  greater  certainty,  it  it 
declared  that  such  rupture  shall  nol  be  deemed  to  exist  while  ne- 
gociations  for  accommodating  differences  shall  be  depending,  nor 
until  the  respective  ambassadors  or  ministers,  if  such  there  shall 
he,  shall  be  recalled,  or  sent  home  on  account  of  such  differences, 
find  not  on  account  of  personal  misconduct,  according  to  the  nu- 
ture  and  deforces  of  which  both  parties  retain  their  rights,  either 
to  request  the  recal,  or  immediately  to  send  home  the  ambassador 
or  minister  of  the  other;  and  that  without  prejudice  to  their  mu- 
tual friendship  and  good  understanding. 

Art.  XXI.  It  is  further  agreed,  that  his  Majesty  and  the 
United  States,  on  mutual  requisitions,  by  them  respectively,  or 
by  their  respective  ministers  or  ofhcers  authorised  to  make  the 
8am«,  will  deliver  up  to  justice  all  persons,  who,  being  charged 
^ith  murder  or  forgery,  committed  within  the  jurisdiction  of  ei- 
iher,shali  seek  an  asylvm  within  any  of  the  countries  of  the  other, 
provided  that  this  shall  only  be  done  on  such  evidence  of  crinii- 
jiality  as,  according  to  the  laws  of  the  place,  where  the  fugitive 
or  person  so  charged  shall  be  found,  would  justify  his  appreheu- 
kion  and  commitment  for  trial,  ii  the  offence  had  there  been  com- 
mitted. The  expense  of  such  apprehension  and  delivery  shall  be 
borne  and  defrayed,  by  those  who  make  the  requisition  and  re- 
ceive the  fugitive. 

Aht.  XXII.  In  the  event  of  a  shipwreck  happening  in  a  place 
belonging  to  one  or  other  of  the  high  contracting  parties,  not  on- 
ly every  assistance  shall  be  given  to  the  unfortunate  persons,  and 
Qo  violence  done  to  them,  but  also  the  effects  which  they  shall 
have  thrown  out  of  the  ship  into  the  sea,  shall  not  be  concealed 
or  detained,  nor  damaged  under  any  pretext  whatever.  On  th9 
contrary  the  abovementioned  effects  and  merchandise  shall  be 
preserved,  and  restored  to  them,  upon  a  suitable  recomuense  be- 
ing  given  to  those  who  shall  have  assisted  in  saving  their  per- 
sons, vessels  and  effects. 

Aax.  XXIII.  And  it  being  the  intention  of  the  high  contract- 
ing parties,  that  the  people  of  their  respective  dominions  shall 
continue  to  be  on  the  footing  of  the  most  favored  nation,  it  is  a- 
greed,  that  in  ease  either  party  shall  hereafter  grant  any  addition- 
al advantages  in  navigation  or  trade,  to  any  other  nation,  the  sub- 
jects or  citizens  of  the  other  party  shall  fully  participate  there- 
in. 

Art.  XXIV.  The  high  contracting  parties  engage  to  commu- 
nicate to  each  other,  without  delay,  all  such  laws  as  have  been 
or  shall  be  hereafter  enacted  by  their  respective  legislatures,  as 
also  all  measures  which  shall  have  been  taken  for  the  abolition 
or  limitation  of  the  African  slave  trade  ;  and  they  farther  agree 
to  use  their  best  endeavors  to  procure  the  co-nperation  of  other 
powers  for  the  final  and  complete  abolition  of  a  trade  loi  repug- 
nant to  the  principles  of  juatice  and  humanity.  * 


ft 


mi 


•r^ih* 


Monroe  and  Pinkney^s  treaty i  ^ 


39 


Art.  XXV.  And  it  is  further  agreed,  that  nothing  herein 
eontained  shall  contravene  or  aifect  the  due  execution  of  any  trea^- 
tj  or  treaties,  now  actually  subsiting  between  either  of  the  high 
contracting  parties  a,nd  any  other  power  or  powers. 

Art.  XXVI.  This  treaty,  when  the  same  shall  have  been 
ratified  by  his  majesty,  and  by  the  President  of  the  United  States, 
with  the  advice  of  their  senate,  and  the  respective  ratifications^ 
mutually  exchanged,  shall  be  binding  and  obligatory  on  his 
majesty,  and  on  the  said  states,  for  ten  years,  from  the  date  of  the 
exchange  of  the  said  ratification,  and  shall  be  reciprocally  ex«- 
tnted  and  observed  with  punctuality  and  the  most  sincere  regard 
to  good  faith. 

In  faith  whereof,  We,  the  undesrsigiied  plenipotentiaries  on 
the  part  of  his   majesty,  the  king  of  Great  Britain,  and 

A  the  commissioners  extraordinary  and  plenipotentiaries  oi| 
the  part  of  the  United  States  of  America,  have  signed  this 
present  treaty,  and  have  caused  to  be  affixed  thereto  thtt 
seal  of  our  arms.  Done  at  London,  this  thirty-first  day  o^ 
December,  one  thousand  eight  hundred  and  six. 


SEAL. 
I^EAL. 
SEAL. 


{Signed) 
{Signed) 
{Signed) 
{Signed) 


VASSAL  HOLLAND, 
AUCKLAND, 
JAS.  MONROE, 
WM.  PINKNEY. 


lommu- 

e  been 

IrcM,  as 

lolitiun 

agree 

'other 

repug. 


LONDOir,  DBO.  31, 1806. 

The  undersi£;iied  Henry  Richard  Vasssall  Lord  Holland,  and 
William  Lord  Auckland,  plenipotentiaries  of  his  Britannic  maj- 
esty, have  the  honor  to  inform  James  Monroe  and  William  Pink- 
ney,  commissionors  extraordinary  and  plenipotentiaries  of  the 
United  States  of  America,  that  they  are  now  ready  to  proceed  to 
ihe  signature  of  the  treaty  of  amity,  commerce  and  navigation, 
on  the  articles  of  which  they  have  mutually  agreed. 

But  at  the  same  time,  they  have  it  in  command  from  his  maj- 
esty, to  call  the  attention  of  the  commissioners  of  the  United 
States,  to  some  extrordinary  proceedings  which  have  lately  tak- 
en place  on  the  continent  of  Europe,  and  to  communicate  to  them 
officially  the  sentiments  of  his  majesty^s  government  thereupon. 

The  proceedings  alluded  to  are  certain  declarations  and  orders 
of  the  French  government  issued  at  Berlin  on  the  21st  Nov.  last. 

In  those  orders,  the  French  government  seeks  to  justify  or  pal- 
liate its  own  unjust  pretentions,  by  imputing  to  Great  Britain 
principles  which  she  never  professed,  and  practices  which  never 
existed.  His  majesty  is  accused  of  a  systematic  and  general  dis- 
regard of  the  law  of  nations,  recognized  by  civilized  states,  and 
more  particularly  of  an  unwarrantable  extension  of  the  right  of 


ab 


iS*ote  sent  with  the  Treati/i 


blockade ;  whereas  his  majesty  may  confidently  appeal  to  ii\6 
world,  on  his  uniform  respect  for  neutral  rights,  and  his  general 
and  scrupulous  adherence  to  the  law  of  nations,  without  eoude- 
scending  to  contrast  his  conduct  in  these  particulars  with  that  of 
his  enemy ;  and  with  regard  to  the  only  specific  charge,  it  is  no- 
torious that  he  has  never  declared  any  ports  to  be  in  a  state  of 
blockade,  without  allotting  to  that  object  a  force  sufficient  to  make 
the  entrance  into  them  manifestly  dangerous.  > 

By  such  allegations,  unfounded  as  they  are,  the  enemy  attempts 
to  justify  his  pretentions  of  confiscating,  as  lawful  prize,  all  pro- 
duce of  English  industry  or  manufacture,  though  it  be  the  prop- 
erty of  neutrals ;  of  excluding  from  his  harbors  erery  neutral  ves- 
sel which  has  touched  at  any  port  of  his  majesty's  dominions, 
though  employed  in  an  innocent  commerce,  and  of  declaring  Great 
Britain  to  be  i»  a  state  of  blockade,  though  his  own  naval  ports 
and  arsenals  are  actually  blockaded,  and  he  is  unable  to  station 
any  navai  force  whatever^  before  any  port  of  the  uuited  king- 
dom. 

gluch  principles  are  in  themselves  extravagant  and  repugnant 
to  the  law  of  nations ;  and  the  pretentions  founded  on  them j 
though  professedly  directed  solely  against  Great  Britain,  tend  to 
alter  the  practice  of  war  among  civilized  nations,  and  utterly  to 
subvert  the  rights  and  independence  of  neutral  powers.  The  un- 
dersigned cannot,  therefore,  believe,  that  the  enemy  will  ever  se- 
riously attempt  to  enforce  such  a  system.  If  he  should,  they  are 
confident  that  the  good  sense  of  the  American  government  will 
perceive  the  fatal  consequences  of  such  preicntions  to  neutral 
commerce,  and  that  its  spirit  and  regard  to  national  honor  will 
prevent  its  acquiescence  in  such  palpable  violations  of  its  rights^ 
and  injurious  encroachments  on  its  interests. 

If  however  the  enemy  should  carry  these  threats  into  execution, 
and  if  neutral  nations,  contrary  to  all  expectation,  should  acqui- 
esce in  such  ursurpations,  his  majesty  might  probably  be  compel- 
led, however  reluctantly,  to  retaliate  in  his  just  defence,  and  to 
adopt,  in  regard  to  the  commerce  of  neutral  nations  with  his  en- 
emies, the  same  measures  which  those  nations  shall  have  permit- 
ted to  be  enforced  against  their  commerce  with  his  subjects.  Tho 
commissioners  of  the  United  States  will  therefore  feel,  that  at  a 
moment  when  his  majesty  aud  all  neutral  nations  are  threatened 
'with  such  an  extension  of  the  belligerent  pretensions  of  his  ene- 
mies, he  cannot  enter  into  the  stipulations  of  the  preseAt  treaty, 
without  an  explanation  from  the  United  States,  of  their  intentions, 
or  a  reservation  on  the  part  of  his  nmjesty  in  the  ease  abovemen- 
tioned,  if  it  should  ever  occur. 

The  undersigned  considering  that  the  distance  of  the  American 
government  renders  immediute  explanation  on  this  subject  impos- 
sible, and  animated  by  a  desire  of  forwarding  the  beneficial  .vork 
in  which  they  are  engaged,  are  authorised  by  his  majesty  to  oon- 


4     •■" 


JV*ote  sent  with  the  Treaip 


41 


1  to  va6 
general 
t  eoude- 
1  that  of 
it  is  no- 
state  of 
to  mak0 

ittempts 
ail  pro- 
he  prop- 
tral  ves- 
minions, 
iti'iire'at 
al  ports 
)  station 
ed  king- 

piignant 
n  thenij 
,  tend  to 
itterly  to 
The  un- 
ever  se- 
they  are 
leut  will 
t  neutral 
innr  will 
s  rightly 

[ecutioHy 
d  acqiii- 
eompel- 
S  and  to 
I  his  en- 

permit- 
sts.  The 
hat  at  ft 
reateued 

us  eue- 
treaty, 

entionsj 

vemen- 


fllude  the  treaty  without  delay.  They  proceed  to  the  signature 
under  the  full  persuasion  that  before  the  treaty  shall  6e  returned 
from  Ameriea  with  the  ratification  of  the  United  States,  the  ene- 
my will  either  have  formally  abandoned  or  tacitly  relinquished 
his  unjust  pretentions,  or  that  the  government  of  the  United  States, 
by  its  conauct  or  assurances,  will  have  given  security  to  his  maj- 
esty that  it  will  not  submit  to  such  innovations  in  the  established 
system  of  maritime  law ;  and  the  undersigned  have  presented 
this  note  from  an  anxious  wish  that  it  should  be  clearly  under- 
stood on  both  sides,  that  without  such  an  abandonment  on  the  part 
of  the  enemy,  or  such  assurances,  or  such  conduct  on  the  part  of 
the  United  States,  his  migesty  will  not  consider  himself  bound  by 
the  present  signature  of  his  commissioners  to  ratify  the  treaty,  or 

{precluded  from  adopting^  such  measures  as  may  seeiu  necessary 
br  counteracting  the  designs  of  his  enemy. 

The  undersigned  cannot  conclude  without  expressing  their  sat- 
isfaction at  the  prospect  of  accomplishing  an  object  so  important 
to  the  interests  and  friendly  connection  of  both  nations,  and  their 
just  sense  of  the  conciliatory  disposition  tnanifested  by  the  com- 
missioners of  the  United  States  during  the  whole  course  of  the 
negoeiation. 


(^Signed) 


To  James  Monroe^  Sfc.  ^c.  S^c. 
William  Pinkney,  Sfe.  Sf«,  8[Ci 


VASSILL  HOLJUAND. 
AVCRLAJfO. 


-  •      v.? 


t    I 


merican 

mpus- 

ai  .vurk 

to  oon- 


rW 


TREATV  OF  PEACE- 


TREATY  of  Peace  and  Amity  between  bis  Britan- 
oic  Majesty  and  the  United  States  of  America. 


HIS  Britannic  Majesty  and  the  United  States  of  America, 
desirous  of  terminating  the  war  which  has  unhappily  subsisted  be- 
tween the  two  countries,  ahd  of  restoring,  upon  principles  of  perfect 
reciprocity, peace,  friendship  and  good  understanding  between  them, 
have  for  that  purpose  appointed  their  respective  plenipotentiaries  that 
is  to  say  :  His  Britannic  Majesty,  on  his  part  hus  appouited  the 
Right  Honourable  James  Lord  Gambier,  late  admiral  of  the  wliitc, 
now  admiral  of  the  red  squadron  of  his  Majesty's  fleet,  Henry 
Goulburn,  Esq.  a  member  of  the  Imperial  Parliament,  and  under 
Secretary  of  State,  and  William  Adams,  Escj.  Doctor  of  civil  Laws: 
and  the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  has  appointed  Jolin  Quincy  Adams, 
James  A.  Bayard,  Henry  Clay,  Jonathan  Russell,  and  Albert  Gal- 
latin, Citizens  of  the  United  States,  who,  after  a  reciprocal  com- 
munication of  their  respective  full  powers,  have  agreed  upon  the 
following  articles  : 

Art  I.  There  shall  be  a  firm  and  Universal  Peace  between 
His  Britannic  Majesty  and  the  United  States,  and  between  their 
respective  countries,  territories,  pities,  towns,  and  people  of  eve- 
ry degree,  without  exception  of  pltxces  or  persons.  All  hostili- 
ties, both  bj  sea  and  land,  shal^  cease  as  soon  as  this  Treaty  shall 
have  been  ratified  by  both  parties,  as  hereinafter  mentioned.  All 
territory,  places  and  possessions,  whafsoever,  taken  from  either 
party  by  the  other,  during  (he  war,  or  whieh  may  be  taken  after 
the  signing  of  this  Treaty,  excepting  only,  the  Islands  hereinaf- 
ter  mentioned,  shall  be  restored  without  delay,  and  without  cans, 
ing  any  destruction,  or  carrying  away  any  of  I  he  artillery  or  oth- 
er public  property  originally  captured  in  the  said  fort^  or  places, 
and  which  shall  remain  therein  upon  the  exchange  of  the  ratifi- 
ration  of  this  Treaty,  or  any  slaves  or  oiher  private  property. — 
And  all  archieves,  rucordt,  deeds  and  papers,  either  uf  a  public 


*     * 


Treaty  of  Feace, 


43 


Britaii' 
5rica. 


America, 
bsisted  be- 
i  of  perfect 
veen  them, 
tiarles  that 
uinted  the 

the  white, 
set,  Henry 
and  under 
:ivil  Laws: 
ulvice  and 
y  Adams, 

Ibert  Gal- 
ocal  com- 
upon  the 

e  between 

een  their 

le  of eve- 

11  hostili- 

eaty  shall 

uned.  All 

om  either 

ten  after 

hereinaf* 

out  caii!«« 

ry  or  oth- 

or  plnceH, 

the  ratifi- 

operty. — 

'  a  public 


nature,  or  beionging  to  private  persons  which  in  the  course  of  the 
war,  may  have  fallen  into  the  hands  of  the  oflicers  of  either  par- 
ty, shall  be  as  far  as  may  be  practicable,  forthwith  restored  and 
delivered  to  the  proper  authorities  and  persous  to  whum  they  re- 
spectively belong. 

Such  of  the  islands  in  the  bay  of  Pussamaquoddy  as  are  claim- 
ed by  both  parties  shall  remain  in  the  possession  of  the  party  in 
whose  occupation  they  may  be  at  the  time  of  the  exchange  of  the 
ratifications  of  (his  treaty,  until  the  decision  respecting  the  title 
to  the  said  islands  shall  have  been  made  in  conformity  with  the 
fourth  articli'  of  this  treaty.  No  disposition  made  by  this  treaty, 
as  to  such  possessions  oi  the  islands  and  territories  claimed  by 
btth  parties,  sliall  in  any  manner  whatever,  bu  construed  to  affect 
the  right  of  either. 

Art.  II.  Imnieuiately  af!er  the  ratifications  of  this  treaty  by 
both  parties,  as  herein  mentioned,  nrdttrs  shall  be  sent  to  the  ar- 
mies, squadrons,  officers,  subjects  and  citizens  of  the  two  powers, 
(o  cease  from  all  hostilities  :  And  to  prevent  all  causes  of  com- 
plaint which  might  arise  on  account  of  the  prizes  which  may  be 
taken  at  sea  after  the  said  ratifications  of  this  treaty,  it  is  recip- 
rocally agreed,  that  all  vessels  and  effects  which  may  be  taken 
after  the  !^>ace  of  twelve  days  from  the  said  ratifications  upon  all 
parts  of  the  coast  of  \ortli  America,  from  the  latitude  of  twen- 
ty-three degrees  north,  to  the  latitude  of  fifty  degrees  north,  and 
as  far  eastward  in  the  Atlantic  ocean,  as  the  thirty  sixth  degree 
of  west  longitude  from  the  meridian  of  Greenwich,  shall  be  re- 
stored on  each  side :  Tiiat  the  time  shall  be  thirty  days  in  all 
other  parts  of  the  Atlantic  ocean,  north  of  the  equinoctial  line  or 
equator,  aitd  the  same  time  frtr  the  British  and  Irish  channels,  for 
the  Gulph  r)f  .VIcxifo,  and  all  parts  of  the  West-Indien :  Forty 
days  for  '.he  north  Seas,  fur  the  Baltic,  and  fur  all  parts  of  the 
Mediterranean:  Sixty  days  for  the  Atlantic  ocean  south  of  the 
equator,  us  far  as  the  latitude  of  the  Cape  of  Good  Hope  :  Nine- 
ty days  for  ''very  part  of  the  world  south  of  the  equator :  And  one 
hundred  and  twenty  days  for  all  other  parts  of  the  world,  without 
exception. 

Art.  III.  All  prisoners  of  war  taken  on  either  side,  as  well 
by  land  as  by  sea,  shall  be  restored  as  soon  as  practicable  after  the 
raliticutions  of  iliis  treaty,  as  hereinafter  mentioned,  on  their  pay- 
ing the  debts  which  they  may  have  contracted  during  their  cap- 
tivity. The  two  contraeting  parties  respectively  engage  to  dis- 
charge, in  specie,  the  advances  which  may  have  been  made  by  the 
other  fur  the  sustenance  and  maintenance  of  such  prisoners. 

Art.  IV.  Whereas,  it  was  stipulated  by  the  second  article  of 
the  treaty  of  peace,  of  one  thousand  &even  hundred  and  eighty- 
three,  bulwccn  fiis  Britannic  Majesty  and  the  United  Staies  of 
America,  that  the  boundary  of  the  United  States  should  compre- 
hend all  islands  williin  twenty  leagues  of  any  part  of  the  shores 


4^ 


Treaty  of  Peace. 


of  the  United  States,  and  lying  between  lines  to  be  drawn  due 
oast  from  the  points  where  the  aforesaid  boundaries,  between  No- 
ra. Seotia,  on  the  one  part,  and  East  Florida  on  the  other,  shall 
respectively  touch  the  Bay  of  Fundy,  and  the  Atlantic  ocean,  ex- 
cepting such  islands  as  now  are,  or  heretofore  have  beeiu  within 
the  limits  of  Kova  Scotia;  and  whereas  the  several  islands  in  the 
Bay  of  Passamaquoddy,  which  is  part  of  the  Bay  of  Fundy,  and 
the  island  of  Grand  Menan  in  the  said  Bay  of  Fundy,  are  claimed 
by  the  United  States  as  being  comprehended  within  their  afore- 
said boundaries,  which  said  islands  are  claimed  as  belonging  to 
bis  Britannic  Majesty,  as  having  been  at  the  time  of,  and  previ- 
ous to,  the  afbresaid  treaty  of  one  thousand  seven  hundred  and 
eighty-three,  within  the  limits  of  the  province  of  Nova  Scotia. — 
In  order,  therefore,  finally  to  decide  upon  these  claims,  it  is  agreed 
that  thev  shall  be  referred  to  two  Commissioners,  to  be  appointed 
in  the  following  manner,  viz. — One  Commissioner  shall  be  ap- 
pointed by  his  Britannic  Majesty,  and  one  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  the  said  two  Commissioners,  so  appointed,  shall  be 
sworn  impartially  to  examine  and  decide  upon  the  said  claims  ac- 
cording to  such  evidence  as  shall  be  laid  before  them  on  the  part 
of  his  Britannic  Majesty  and  of  the  United  States  respectively. 
The  said  Commissioners  shall  meet  at  St.  Andrews,  in  the  pro- 
Tince  of  New  Brunswick,  and  shall  have  power  to  adjourn  to  sirth 
other  place  or  places  as  they  shall  think  fit.  The  said  Commis- 
sioners shall,  by  a  declaration  or  report,  under  their  hands  and 
sealsf  decide  to  which  of  the  two  contracting  parties  the  several 
islands  aforesaid  do  respectively  belong,  in  conformity  with  the 
true  intent  of  the  said  treaty  of  peace  of  one  thousand  seven  hun* 
dred  and  eighty-three.  And  if  the  said  Commissioners  shall  agree 
in  their  decisittn,  both  parties  shall  consider  such  decision  as  final 
and  conclusive.  It  is  further  agreed,  that  in  the  event  of  the  two 
Commissioners  differing  upon  ail  or  any  of  the  matters  so  referred 
to  them,  or  in  the  event  of  both  or  either  of  the  said  Commission- 
ers refusing,  or  declining,  or  wilfully  omitting,  to  act  as  sueh,they 
shall  make  jointly  or  separately,  a  report  or  reports,  as  well  to 
the  government  of  his  Britannic  Majesty  as  to  that  of  the  United 
States,  stating  in  detail  the  points  on  which  they  differ,  and  the 
grounds  upon  which  their  respective  opinions  have  been  formed, 
or  the  grounds  upon  which  they,  or  eitlier  of  them,  have  so  refu- 
sed, decliBcd)  or  omitted  to  act. — And  his  Britannic  Majesty, 
and  the  government  of  the  United  States,  hereby  agree  to  refer 
the  report  or  reports,  of  the  said  Commissioners,  to  some  friendly 
sovereign  or  state,  to  be  then  named  for  that  purpose,  and  who 
shall  be  requcHted  ro  decide  on  the  differences  which  may  be  sta- 
ted in  the  said  report  or  reports,  or  the  report  of  one  Commis- 
sioner, together  with  the  grounds  upon  which  the  other  Commii- 
ioners  shall  have  refused,  declined,  or  omitted  to  act,  ai  the  oast 


Irawn  due 
tween  No- 
ther,  shall 
oce&Uy  ex- 
eiK  within 
inas  in  the 
'undy,  and 
re  el  aimed 
leir  afore - 
longing  to 
ind  previ- 
adred  and 
L  Scotia. — 
t  is  agreed 
appointed 
all  be  ap- 
Jent  of  the 
the  Senate 
I,  shall  be 
claims  ac- 
>u  the  part 
spectively. 
n  the  pro- 
irn  to  such 
d  Commis* 
hands  and 
he  sereral 
y  with  the 
seven  hun- 
ihall  agree 
ion  as  final 
of  the  two 
so  referred 
tmmission- 
I  sueh,they 
as  well  to 
the  United 
r,  and  th« 
en  formed, 
ve  so  refu- 
Majesty, 
ee  to  refer 
ae  friendly 
I,  and  who 
nay  best  a* 
ommis- 


6 


r  Commii- 
ai  the  ease 


Treaty  of  Peace, 


40 


may  be.  And  if  the  Commissioner  so  refusing,  dcclinipg,  or  omit- 
ting to  act,  shall  also  wilfully  omit  to  state  the  grounds  upon 
which  he  has  so  done,  in  such  manner  that  the  said  statement  may 
be  referred  to  such  friendly  sovereign  or  state,  together  with  the 
report  of  such  other  Commissioner,  then  such  sovereign  or  state 
«hall  decide  ex  parte  upon  the  said  report  alone.  And  his  Britau' 
nic  Majesty  and  the  government  of  the  United  States  engage  to 
consider  the  decision  of  some  friendly  sovereign  or  state  to  be 
such  and  conclusive  on  all  the  matter*  so  referred. 

Art.  V.  Whereas  neither  that  point  of  the  highlands  lying 
due  north  from  the  source  of  the  river  St.  Croix,  and  desiguatea 
in  the  former  treaty  of  peac^b|^een  the  two  powers  as  the  north 
west  angle  of  Nova  Scotia,  ««h^  the  north-westernmost  head  of 
Connecticut  river,  has  yet  been  ascertained ;  and  whereas  that 
part  of  the  bouudary  line  between  the  dominions  of  the  two  powers 
which  extend  from  the  source  of  the  river  St.  Croix  directly  north 
to  the  abovementioaed  north-west  angle  of  Nova  Scotia,  thence 
along  the  saiil  highlands  which  divide  those  rivers  that  empty 
themselves  into  the  river  St  Lawrence  from  those  which  fall  into 
the  Atlantic  ocean  to  the  north- westernmost  head  of  Connecticut 
river,  thence  down  along  the  middle  of  that  river  to  the  forty-fifth 
degree  of  north  latitude  ;  thence  by  a  line  due  west  on  said  lati- 
tude until  it  strikes  the  river  Iroquois  or  Cataraguy,  has  not  yet 
been  surveyed;  it  is  agreed,  that  for  these  several  purposes,  two 
Commissioners  shall  be  appointed,  sworn,  and  authorised,  to  act 
exactly  in  the  manner  directed  with  respect  to  those  mentioned  in 
the  next  preceding  article,  unless  otherwise  specified  in  the  pre^- 
lent  article.  The  said  Commissioners  shall  meet  at  St.  Andrews, 
in  the  province  of  New  Brunswick,  and  shall  have  power  to  ad- 
journ to  such  other  place  or  places  as  they  shall  think  fit. 

The  said  Commissioners  shall  have  power  to  ascertain  and  de- 
termine the  points  abovementioned,  in  conformity  with  the  provi- 
sions of  the  said  treaty  of  peace  of  one  thousand  seven  hundred 
and  eighty-three,  and  shall  cause  the  bouudary  aforesaid,  from 
the  source  of  the  river  St.  Croix  to  the  river  Iroquois  or  Catara- 
guy, to  be  surveyed  and  marked  according  to  the  said  provisions. 
The  said  Commissioners  shall  make  a  map  of  the  said  boundary, 
and  annex  to  it  a  declaration  under  their  hands  and  seals,  certi- 
fying it  to  be  the  true  map  of  the  said  boundary,  and  particulari- 
zing the  latitude  and  longitude  of  the  north-west  angle  of  Nova 
Scctia,  of  the  north-westernmost  head  of  Connecticut  river,  and 
of  such  other  points  of  the  said  boundary  as  they  may  deem  pro- 
per. 

And  both  parties  agree  to  consider  such  map  and  declaratioB 
as  finally  and  conclusively  fixing  the  said  boundary.  And  in  the 
event  of  the  said  two  Commissioners  differing,  or  both,  or  either 
of  them,  refusing  or  declining,  or  wilfully  omitting  to  act,  such 
reports,  declarations,  or  statements  shall  be  made  by  them,  or 


m:..^.' 


|i6 


Treaty  of  Peace, 


X 


either  of  theui,atid  such  reference  to  a  rriemll^  govereign  or  state, 
shall  be  made,  in  all  reapeets  as  in  the  latter  part  of  the  fourth 
arlicle  is  etjlaiued,  aud  iu  as  full  a  mauuer  as  if  the  fiaaie  was 
herein  repeated. 

Aar.  VI.  Wlicrcas,  by  the  former  treaty  of  peace,  Ihat  portion 
cf  the  boundary  oi' the  United  States  from  the  point  where  the  forty 
fifth  degree  of  north  latitude  strikes  the  river  Irequois  or  Catara- 
gua,  to  the  Lake  Superior,  was  declared  to  be  ^*  along  the  middle 
of  said  river  into  Lake  Ontario,  through  the  middle  of  said  lake 
until  it  strikes  the  communication  by  water  between  that  lake  and 
Lake  Erie,  thence  along  the  middle  of  said  communication  into  lake 
JCrie,  through  the  middle  ot  said  lake  until  it  arr.ves  at  the  water 
communication  into  the  Lake  Huf^OU'thcnc^  through  the  middle  of 
said  lake  to  the  water  communicatron  between  that  lake  and  Lake 
Superior."  And  whereas  doubts  have  arisen  what  was  the  middle 
of  said  river,  lakes  and  water  communications,  and  whether  certain 
islands  lying  in  the  same,  were  within  the  dominions  of  His  Brit- 
annic Majesty  or  of  the  United  States  :  In  order,  therefore,  finally 
to  decide  these  doubts,they  shall  be  referred  to  two  Commissioners, 
to  be  appointed,  sworn  and  authorized  to  act  exactly  in  the  manr 
ncr  directed  with  respect  to  those  montioned  in  the  next  preceding 
article,  unless  otherwise  specified  in  this  present  article — The  said 
commissioners  shall  meet,  in  the  first  instance,  at  Albany,  in  the 
State  of  New- York,  and  shall  have  power  to  adjourn  to  such  other 
place  or  places  as  they  shall  think  fit.  ^ 

The  said  commissioners  shall  by  a  report  or  declaration,  under 
their  hands  and  seals,  designate  the  boundary  through  the  said  river, 
lakes,  and  water  communications,  and  decide  to  which  of  the  two 
contracting  parties  the  several  islands  lying  within  the  said  river, 
lakes,  and  water  communications,  do  respectively  belong,  in  con- 
formity with  the  true  intent  of  the  said  treaty  of  one  thousand  seven 
hundred  and  eighty-three.  And  both  parties  agree  to  consider 
such  designation  and  decisions  as  final  and  conclusive.  And  in 
the  event  of  the  said  two  Commissioners  differing,  or  both,  or  eith- 
er of  them,  refusing,  declining,  or  wilfully  omitting  to  act,  such  re- 
ports, declarations  or  statements,  shall  be  made  by  them,  or  either 
of  them,  and  such  reference  to  a  friendly  sovereign  or  state  shall  be 
made  in  all  respects  as  in  the  latter  part  of  the  fourth  article  is  con- 
tained, and  in  as  full  a  manner  as  if  the  same  was  herein  repeated. 

Art.  VIL  It  is  further  agreed  that  the  said  two  last  mentioned 
commissioners,  after  they  shall  have  executed  the  duties  assign«'<d  to, 
them  in  tke  preceding  article,  shall  be,  and  they  are  hereby  authoriz- 
ed, t\pon  their  oaths  impartially  to  fix  and  determine, according  to  the 
true  intent  of  the  said  Treaty  of  Peace,  of  one  thousand  seven  hund- 
red and  eighty  three,  that  part  of  the  Woundary  between  the  domin- 
ions of  the  two  powers,  which  extends  from  the  water  communica- 
tion between  lake  Huron  and  lake  Superior,  to  the  most  northwes- 
ts rn  point  of  the  Lake  of  the  Woods,  to  decide  to  which  of  the  two 


'Treaty  of  Pedce. 


?"* 


or  state, 
e  fourth 
line  wita 

t  portion 
the  forty 
r  Catara- 
t:  middle 
aid  lake 
lake  and 
into  lake 
he  water 
niddle  of 
ind  Lake 
ic  middle 
T  certain 
iis  Biit- 
e,  finally 
issioners, 
lie  nianr 
receding 
The  said 
,  in  the 
ich  other 

n,  under 

iid  river, 

the  two 

id   river, 

in  con- 

iid  seven 

consider 

And  in 

or  eith- 

such  re- 

>r  either 

shall  be 

is  con- 

peated. 

entioned 

igncd  to, 

uthoriz- 

g  to  the 

n  hund- 

domin- 

niunica- 

rthwes- 

the  two 


jpaHics  the  several  islands  lying  in  the  lakes,  water  communications 
and  rivers,  iuiming  the  said  boundary,  do  respectively  belong,  in 
conformity  with  the  true  intent  of  the  said  Treaty  of  Peace,  of  one 
thousand  seven  hundred  and  eighty  three  ;  and  to  cause  such  parts 
of  the  said  boundary,  as  require  it,  to  be  surveyed  and  marked. 
The  said  commissioners  shall,  by  a  reporter  declaration  under  their 
hands  and  seals,  designate  the  boundary  aforesaid,  state  ti.eir  deci- 
sion on  the  points  thus  referred  to  them,  and  particularize  the  lati- 
tude and  longitude  of  the  most  noi-th-west«rn  point  of  the  Lake  of 
the  Woods,  of  such  other  part  of  the  Said  boundary  as  they  may 
deem  proper — And  both  parties  agree  to  consider  such  designation 
and  decision  as  final  and  conclusive.  And,  in  the  event  of  the  said 
two  tommissioners  diHering,  or  both,  or  either  of  them  refusing, 
declining,  or  wilfully  omitting  to  act,  such  reports,  declarations,  or 
statements,  shall  be  made  by  them,  or  either  of  them,  and  such  re- 
ference to  a  friendly  sovereign  or  state,  shall  be  made  in  all  respects, 
as  in  the  latter  part  of  the  fourth  article  is  contained,  and  in  as  full 
a  mannnr  at  if  the  same  wits  herein  repeated. 

Art.  VIII.  The  several  boards  of  two  Commissioners  men- 
tioned in  the  four  preceding  articles,  shall  respectively  have  pow- 
er to  appoint  a  Secretary,  &nd  to  employ  such  surveyor  or  other 
persons  as  they  shall  judge  necessary.  Duplicates  of  their  re- 
spective reports,  declarations,  statements  and  decisions,  and  of 
their  accounts,  and  of  the  journal  of  all  their  proceedings  shall 
be  delivered  by  them  to  the  agents  of  his  Britannic  Majesty,  and 
to  the  agents  of  the  United  States,  who  may  be  respectfully  ap- 
pointed and  authorised  to  Manage  the  business  on  behalf  of  their 
respective  governments. 

The  said  Commissioners  shall  be  respectively  paid  in  such  man- 
ner as  shall  be  agreed  between  the  two  contracting  parties,  such 
agreement  being  to  be  settled  at  the  time  of  the  exchange  of  the 
ratification  of  this  treaty.  And  all  other  expenses  attending  the 
said  Commissioners  shall  be  defrayed  equally  by  the  two  parties. 
And  in  the  case  of  death,  sickness,  resignation  or  neceiisary  ab- 
sence, the  place  of  every  such  Commissioner  respectively  shall 
be  supplied  in  the  same  manner  as  such  Commissioner  was  at 
first  appointed,  and  the  new  Commissioner  shall  take  the  same 
oath  or  affirmation,  and  do  the  same  duties.  It  is  further  agreed 
between  the  two  contracting  parties,  that  in  case  any  of  the  islands 
mentioned  in  any  of  the  preeeding  articles,  which  were  in  the 
possession  of  one  of  the  parties  prior  to  the  commencement  of  the 
present  war  between  the  two  countries,  should,  by  the  decision  of 
any  of  the  boards  of  Commissioners  aforesaid,or  of  the  sovereign  or 
state  so  referred  to,  as  in  the  four  next  preeeding  articles  contain- 
ed, fall  within  the  dominions  of  the  other  party,  all  p*rant8  of  land 
made  previous  to  the  commencement  of  the  war  by  the  party  hav- 
ing had  such  possession,  shall  be  as  valid  as  if  such  island  or 
islands,  had  by  such  decision  or  decisions,  been  adjudged  to  be 
within  the  dominions  of  the  party  having  such  possession. 


,  V  *■'   ■''"' 


"  r.ii.~ 

J. ;>..-• 


48 


Tre9t^  qf  Peaer/ 


Abt.  IX.  The  Vi^iMl|N«tM  6f  Anerita  engage  to  |H||«tt 
ml  iMMediately  alter  t|it^|atifie«tion  of  fkt  wesent  TrtiiJty  to 
iMMilHiM  vnth  all  the  trilN  ^r  ppitl^  «f  Inidlam,  witli  ^m 
th^  ma^  he  atihnr  at  (ftelhae  d^ek  ratiteatian  { aM  MliWlUi 
to  restore  to  «|eb  trilieii  ar  «atiai«,  retfieetiTely,  all  tlit  paM^ 
•ittBii,  rigKtf  ail  ffi^S^m^mhitkihej  mmj  kave  enjoyed  al^liMa 
entitlff^  to  in  one  ihnaiBtaigirt  ItanOreJ  and  eleven,  previoas  to 
•ve^  bostilities :  Fmf¥m  MITM*^  that  sa^  tifh|S  or  natiom 
■fcan  ogrjie-to  desMtlmall%|ittiHti6t,  agaiast  tlif^Qiutod  Stotei 
of  America,  tlMirvdtize^t  aad  oobfeett,  upon  thi^  rlrtMilatton  of 
tho  present  tMa^jr  being  Mpntd  to  stteh  tribes  or  ianoilu,  and 
shall  so  dusiikaeeordiBgil^  And  His  Britoimie  Ma{eityv^|«g. 
es,  on  his  part,  to  pnt  an^  end  tmmediatehr  «f^er  the  ratifitNition 
of  the  present  treaty,  to  liostiUties  with  all  the  tribes  or  natio^iji 
of  Indiani*  with  whom  he  may  be  at  war  at  the  time  of  «ueh  rati- 
eation,  an^t  forthwith  to  restore  to  tach  tribes  or  iniliias  respee- 
tively.  iJI  the  possessions,  riahts  and  pri^tlaget,  w^iife  they  may 
have  enjoyed  or  been  entitled  to^  in  one  thousand  eicht  Imndred 
and  eleven,  preyions  to  sneh  hostilities ;  Frwitkd  muhi^b,  l^at 
•neh  tribes  or  nations  shall  agree  to  desist  from  all  hostditiei  a- 

Sunst  His  Britannie  Majttity,  and  his  subjeets,  upon  the  ratifiea- 
oa  of  the  present  treaty  being  aolifted  to  sndi  tribes  or  mtioni, 
and  shaft  so  desii^  aeeordin^T. 

Aht.  X.  Whereas  the  trafiala  alayfaii  irr«eonetli#l^  with 
the  principles  of  hamanity  aiidjastiee,  aad  wherens  ItotK  Bii 
Hajisty  and  the  United  States  are  d^^iroai  af  eononuing  their 
effi»rto  to  promote  iU  entire  abolition,  It  ii  hereby  agraed  that  both 
the  eontraeting  parties  shall  use  their  best  endeavon  to  aeeom- 
plith  so  desirable  an  object. 

AaT.  XI.    This  Treaty,  when  the  same  shall  have  been  rati- 
Bed  aa  both  sides,  without  alteration  by  either  of  the  eontraetiitt 
parties,  and  the  ratifications  mutually  exehanged.  shall  be  bind- 
^n%  aa  both  parties,  and  the  ratifications  shall  be  exchanged  tJL 
WaihsBcton,  ia  the  space  e^foar  months  firom  thitday,  or  sooaer 
if  fraetieable. 
a  la  &ith  whereof,  wa,  the  respeetire  Plenipateatiariat  hava 
signed  this  Treaty,  aad  have  therenato  alBxed  oar  seals. 
I>Me,lB  triplieate,  at  Gheat,  the  tweatvofourth  day  of  Oa- 
comber,  one  thoaoahd  eight  hundred  and  fourteen. 
(l.  s.)        GAMBIER, 

HENRY  GOIJLBURN, 

WILL. AM  ADAMS. 

JOHN  QUINCY  AOAMS» 

J.  A.  BAYARD, 

H.  CLAY, 

JONA.  RUSSftLL, 

ALBERT  GAJLLATIN. 


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